Give the importance of judiciary in a democratic country like India.

Judiciary is one of the three organs of the government and like the other two organs namely the executive and the legislature, it is also required to perform many other functions than that of giving justice alone. It is because of the complex character of the society which is ever widening and getting more complex. The most important functions performed by the judiciary are as under:

1. As the Custodian of the Constitution: It is the duty of judiciary to act as the custodian of the Constitution by way of properly interpreting it. It can declare any law passed by the legislature as ultra vires and unconstitutional if it is not in accordance with the letters and spirit of the constitution.

2. Interpretation of Law: The judiciary is also called upon to interpret laws. It is to see that laws are interpreted in a scientific way and in the spirit in which they were enacted. It is only though the the process and power of interpretation of laws that the judiciary finds opportunity of bringing to the notice of the executive conflicting and contradicting laws.

3. Custodian of Fundamental Rights: In almost all democratic countries like India the people have been given some Fundamental Rights. Judiciary is to see that people enjoy them and all the contrary laws are declared ultra vires.

4. Legislative Functions: It performs legislative functions by way of giving ‘judge-made laws’ to the nation, thereby filling-up gap between the society and the legislature.

5. Administrative Functions: Each court is required to perform some administrative functions. It is to see that working of administration in each court is smooth and that there is adequate staff for giving justice.

6. Advisory Functions: The courts are required to advise the head of the State or the executive government about the validity of a particular law so that after having been passed these are not declared unconstitutional or ‘ultra vires’.

7. To act as court of record.

8. Miscellaneous Functions: (a) They look after minors. (b) They issue licenses, (c) Administer oath of office. (d) Appoint receivers and, (f) Grant probates, bails, etc.