Question

With reference to our judiciary, discuss the following:

1. Why is the judiciary kept independent of the control of the executive and the legislature?
2. What do we mean when we refer to the Supreme Court and high courts as a court of record?
3. Name the writs that the Supreme Court and high courts are empowered to issue.

Answer 1

Instructions: Discuss the reasons behind the independence of the judiciary.

Explain why the Supreme Court and the high courts are called the court of record.

Explain the different types of writs.

Solution:

Need for judicial independence

The principal role of the judiciary is to ensure the supremacy of the rule of law.
It acts as a protector of the fundamental rights of people and settles disputes according to the law.
It also establishes the supremacy of the Indian Constitution and prevents imposition of individual or group dictatorship in India.
In order to do all this, the judiciary is made independent of the executive and the legislature.

The Supreme Court and high courts as a court of record

The Supreme Court and high courts
are considered as the court of record because of the following reasons:

All their proceedings and judgements are recorded.
The judgements of the Supreme Court and high courts can be used as a legal reference and cannot be denied by any court of law.
They can also punish a person for contempt of court, either with an imprisonment or a fine, or both.

Types of writs

Habeas Corpus: This writ is used to enforce the fundamental right of an individual against unlawful detention.

Mandamus: This writ is used to order public officers, who have failed or refused to perform their duty, to resume their duty.

Prohibition: This writ is issued by a higher court to a subordinate court to prevent the latter from exceeding its jurisdiction.

Certiorari: This writ is issued by a higher court to a subordinate court to transfer a case pending with them or to quash the order issued by the subordinate court or a quasi-judicial body.

Quo warranto: Through this writ, the court enquires into the legality of a person to hold a public office.