CLASS- LL.M. IInd SEMESTER
SUBJECT- LAW AND SOCIAL TRANSFORMATION
PAPER CODE- L-2003
TOPIC- ROLE OF LAW, FUNCTIONS OF LAWYERS AND JUDGES
The Judiciary is the third organ of the government. It has the responsibility to apply the laws to
specific cases and settle all disputes. The real ‘meaning of law’ is what the judges decide during
the course of giving their judgements in various cases. From the citizen’s point of view,
Judiciary is the most important organ of the government because it acts as their protector against
the possible excesses of legislative and executive organs. Role of Judiciary as the guardian-
protector of the constitution and the fundamental rights of the people makes it more respectable
than other two organs.
FUNCTIONS OF JUDGES:
1. To Give Justice to the people:
The first and foremost function of the judiciary is to give justice to the people, whenever they
may approach it. It awards punishment to those who after trial are found guilty of violating the
laws of the state or the rights of the people.
The aggrieved citizens can go to the courts for seeking redress and compensation. They can do
so either when they fear any harm to their rights or after they have suffered any loss. The
judiciary fixes the quantity and quality of punishment to be given to the criminals. It decides all
cases involving grant of compensations to the citizens.
2. Interpretation and Application of Laws:
One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the
course of deciding the disputes that come before it, the judges interpret and apply laws. Every
law needs a proper interpretation for getting applied to every specific case. This function is
performed by the judges. The law means what the judges interpret it to mean.
, 3. Role in Law-making:
The judiciary also plays a role in law-making. The decisions given by the courts really determine
the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by
the judiciary amounts to law-making as it is these interpretations which really define the laws.
Moreover, ‘the judgements delivered by the higher courts, which are the Courts of Records, are
binding upon lower courts. The latter can decide the cases before them on the basis of the
decisions made by the higher courts. Judicial decisions constitute a source of law.
4. Equity Legislation:
Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the
land, the judges depend upon their sense of justice, fairness, impartiality, honesty and wisdom
for deciding the cases. Such decisions always involve law-making. It is usually termed as equity
legislation.
5. Protection of Rights:
The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has
the right to seek the protection of the judiciary in case his rights are violated or threatened to be
violated by the government or by private organisations or fellow citizens. In all such cases, it
becomes the responsibility of the judiciary to protect his rights of the people.
6. Guardian of the Constitution:
The judiciary acts as the guardian of the Constitution. The Constitution is the supreme law of the
land and it is the responsibility of the judiciary to interpret and protect it. For this purpose the
judiciary can conduct judicial review over any law for determining as to whether or not it is in
accordance with the letter and spirit of the constitution. In case any law is found ultra vires
(unconstitutional), it is rejected by the judiciary and it becomes invalid for future. This power of
the court is called the power of judicial review.
7. Power to get its Decisions and Judgements enforced:
SUBJECT- LAW AND SOCIAL TRANSFORMATION
PAPER CODE- L-2003
TOPIC- ROLE OF LAW, FUNCTIONS OF LAWYERS AND JUDGES
The Judiciary is the third organ of the government. It has the responsibility to apply the laws to
specific cases and settle all disputes. The real ‘meaning of law’ is what the judges decide during
the course of giving their judgements in various cases. From the citizen’s point of view,
Judiciary is the most important organ of the government because it acts as their protector against
the possible excesses of legislative and executive organs. Role of Judiciary as the guardian-
protector of the constitution and the fundamental rights of the people makes it more respectable
than other two organs.
FUNCTIONS OF JUDGES:
1. To Give Justice to the people:
The first and foremost function of the judiciary is to give justice to the people, whenever they
may approach it. It awards punishment to those who after trial are found guilty of violating the
laws of the state or the rights of the people.
The aggrieved citizens can go to the courts for seeking redress and compensation. They can do
so either when they fear any harm to their rights or after they have suffered any loss. The
judiciary fixes the quantity and quality of punishment to be given to the criminals. It decides all
cases involving grant of compensations to the citizens.
2. Interpretation and Application of Laws:
One of the major functions of the judiciary is to interpret and apply laws to specific cases. In the
course of deciding the disputes that come before it, the judges interpret and apply laws. Every
law needs a proper interpretation for getting applied to every specific case. This function is
performed by the judges. The law means what the judges interpret it to mean.
, 3. Role in Law-making:
The judiciary also plays a role in law-making. The decisions given by the courts really determine
the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by
the judiciary amounts to law-making as it is these interpretations which really define the laws.
Moreover, ‘the judgements delivered by the higher courts, which are the Courts of Records, are
binding upon lower courts. The latter can decide the cases before them on the basis of the
decisions made by the higher courts. Judicial decisions constitute a source of law.
4. Equity Legislation:
Where a law is silent or ambiguous, or appears to be inconsistent with some other law of the
land, the judges depend upon their sense of justice, fairness, impartiality, honesty and wisdom
for deciding the cases. Such decisions always involve law-making. It is usually termed as equity
legislation.
5. Protection of Rights:
The judiciary has the supreme responsibility to safeguard the rights of the people. A citizen has
the right to seek the protection of the judiciary in case his rights are violated or threatened to be
violated by the government or by private organisations or fellow citizens. In all such cases, it
becomes the responsibility of the judiciary to protect his rights of the people.
6. Guardian of the Constitution:
The judiciary acts as the guardian of the Constitution. The Constitution is the supreme law of the
land and it is the responsibility of the judiciary to interpret and protect it. For this purpose the
judiciary can conduct judicial review over any law for determining as to whether or not it is in
accordance with the letter and spirit of the constitution. In case any law is found ultra vires
(unconstitutional), it is rejected by the judiciary and it becomes invalid for future. This power of
the court is called the power of judicial review.
7. Power to get its Decisions and Judgements enforced:
