I. Meaning of the term Judiciary: One organ of the government is the judiciary. Its main function is to punish those who violate and disobey the laws passed by the Legislature. But in modern days the importance of judiciary has increased very much. It acts as the guardian of the Fundamental Rights of the citizens and also of the Constitution.

II. Main Functions of Judiciary:-

1. Judicial functions: 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 circumstances. 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 circumstances.’

2. Law-making functions: The judiciary while interpreting the existing laws also performs the role of a law-maker. 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 particular government appear to 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.

3. Interpretation of laws: The laws are framed by the legislature and are enforced by the executive. Sometimes the people are not clear about the meaning of certain provisions of the laws. Each word denotes so many meanings and everybody interprets those words in such a way as it suits his/her own interest. Such terms, clauses and words are to be interpreted by the judiciary. The interpretation given by the judiciary is always considered to be the correct and a just one. This interpretation of the law is accepted all over the country. The judiciary also interprets the Constitution of the country. While interpreting the Constitution, the judiciary keeps in view the objects for which the legislature had made a particular provision.

4. Guardianship of the Constitution: In federal states like India, the USA and Switzerland, the judiciary is the guardian of the Constitution. Chief Justice Huges of America once said, “We are under Constitution but the Constitution is what the judges say it is”. In federal states conflicts in jurisdiction and authority frequently occurs, as there are several law-making and executive authorities, each owing its power to the Constitution. Under the circumstances the judiciary becomes the umpire and regulates the laws of the States and Central Government. In case the law made by any these law-making bodies conflict with the constitutional provision, the judiciary declares them ultravires.

5. Protector of Fundamental Rights: The judiciary also acts as the defender of the individual rights. Such a role of judiciary is important as it prevents the individuals’s right from being violated. If one has sufficient reasons to believe that attempt would be made to violate his/her right he/she could approach courts for protection. Then the courts would issue orders prohibiting such attempts till the rights of the parties were determined. Judiciary is the watchdog of rights and liberties of people. In India, the Supreme Court and the High Courts are empowered to protect the Fundamental Rights of the citizens.