JUDICIARY

The judiciary (also known as the judicial system' or court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law  or enforce law  but rather interprets law and applies it to the facts of each case. This branch of the state is often tasked with ensuring equal justice under law. It usually consists of a court of final appeal (called the "Supreme court" or "Constitutional court"), together with lower courts.

In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitutionor international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law.

INDIAN JUDICIARY LOGO

IMPORTANT ROLE OF JUDICIARY

Judiciary playa a vital role in our life and perform certain functions rather than administration of justice. Some of its functions are

(1) Judicial Functions:

Firstly, when a dispute is brought before a court, it is the responsibility of the court to 'determine the facts' involved. The usual manner in which the courts determine the facts is through evidence given by the contestants. Once the facts have been established, the court proceeds to decide what law is applicable to a particular controversy or circumstance. Herein the judiciary becomes the interpreter of laws, which is the prime function of the judiciary. So the major task of the judiciary is to 'determine' the facts of laws and to apply them to particular circumstance.

(2) Law-making Functions:

Secondly, the judiciary while interpreting the existing laws also performs the role of lawmaker. It may sound surprising, but 'judge-made' laws are common to all systems of jurisprudence. Such occasions arise when the provisions of the existing laws may be ambiguous, or sometimes two or more laws of a particular government appear to be in conflict under a given circumstance.

Herein the judiciary plays an important role in determining what the law is and when two laws apparently conflict, which shall prevail. For instance, the enunciation of the 'Doctrine of Implied Powers' by the U.S. Judiciary proved conducive to the growth of the federal government's power. However, the phraseology of the original U.S. Constitution did not provide such enormous power of the Federal Government. In this context, we fully realize the prime importance of the judiciary.

(3) Guardianship of the Constitution:

Thirdly, in federal States like India, the U.S.A. and Switzerland, the judiciary is the guardian of the Constitution. Chief Justice Hughes of America once said, "We are under a union but the Constitution is what the judges say it is".

In federal States conflict in jurisdiction and authority frequently occurs, as there are several law making and executive authorities, each showing its power to the Constitution. In the circumstances, the judiciary becomes the umpire and regulates the legal actions of the States and Central governments.

In case the laws made by any of these law-making bodies conflict with the constitutional provisions, the judiciary in the above mentioned States is empowered to declare the relevant legislation illegal. Indian courts on several occasions have declared laws of the Union as well as the State laws illegal.

(4) Advisory Jurisdiction:

Fourthly, some national judiciaries possess advisory jurisdiction. For instance, the President of India may seek the advice of the Supreme Court of India on any proposed legislation. However, there is no such provision in the U.S.A. The Canadian Supreme Court is also obliged under constitutional provisions to tender advice to the Governor General.

(5) Protector of the Fundamental Rights:

Fifthly, the judiciaries also act as the defenders of the individual's right. Such role of the judiciary is important as it prevents the individual's rights from being violated. An individual need not wait until harm is done to him. If he had, sufficient reasons to believe that attempts would be made to violate his 'rights' he could approach the courts for protection.

Then the courts would issue orders prohibiting such attempts until the rights of the parties were determined. Judiciary is the watchdog of rights and liberties of the people. In India, the Supreme Court is empowered to protect the Fundamental Rights of the citizens.

NUCLEAR LIABILITY ACT PASSES IN LAST 5 YEAR

The Civil Liability for Nuclear Damage Act, 2010 orNuclear Liability Act is a highly debated and controversial Act which was passed by both houses of Indian parliament and was enacted on 25 august 2010. The Act aims to provide a civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a nofault liability to the operator, appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission and for matters connected therewith or incidental thereto.

This is one of the last steps needed to activate the 2008 Indo-U.S. civilian nuclear agreement as the United state nuclear reactor manufacturing companies will require the liability bill to get insurance in their home state. After this Act was passed, India became a member of the international convention on liability in the civil nuclear arena.

The government has encountered fierce opposition when trying to push this bill through parliament on several occasions. This is because it contains several controversial clauses that the opposition parties claim to be 'unconstitutional'. The opposition believes the bill is being pushed through due to US pressure though this is denied by the government.

The Act effectively caps the maximum amount of liability in case of each nuclear accident at 5 billion(US$77 million) to be paid by the operator of the nuclear plant, and if the cost of the damages exceeds this amount, special drawing rights up to 300 million will be paid by the Central Government.

The Act made amendments in the Atomic Energy Act 1962 allowing private investment in the Indian nuclear power program. The issue of an accident is sensitive in India, where a gas leak in a Union Carbide factory in Bhopal city killed about 20,000 people in 1984 in one of the world's worst industrial disasters. The Act came into force from 11 November 2011.

THE CIVIL LIABILITY FOR NUCLESR DAMAGE