1.

Prevention of violation of law: In the case of violation of law, a suit is filed against the
offender. The judge hears both sides and decides whether there has been a break of the law. In the
case of violation of law, the judiciary establishes justice by providing redress and punishing the
offender.
2.  Making of the new law: The judges, by way of interpreting the existing laws, make new
laws. The judiciary can follow precedents established in previous decisions; it can also overrule such
precedents, and thereby, makes new law.
3. Decides on constitutional questions: The highest federal Court, namely the Supreme Court,
decides constitutional questions. If there is any constitutional conflict or dispute between the Union
and the States or among different States, the dispute is brought to the federal Court who decides and
acts as the guardian of the federal Constitution. There are hundreds of such constitutional cases
decided by the Indian Judiciary, Gopalan vs. the State of Madras, Golak Nath vs. the State of Punjab
are few examples.
4. Interprets the Constitution and Laws: In addition to adjudication, the responsibility of
safeguarding and interpreting the constitution and law rests on the judiciary. In the United States, the
power of the interpretation is absolute as expressed in the words of Chief Justice Charles Evan
Hughes: We are under a constitution but the constitution is what the judges say it is. But the Indian
Court does not enjoy the vast power in this area.
5. Administrative functions: The judges perform certain executive functions. Appointments of
officers and servants, maintenance of records, administration of staff etc. are performed by the
judiciary. Superintendence over lower courts is another function of the judiciary.
6. Advisory function: The highest court of the country sometimes gives advice to the executive
and the legislature on constitutional points, if sought for. Thus, the Judiciary has advisory functions
too. If it appears that a question of law or fact has arisen, it may be referred to the Judiciary for its
advice.
7. Protection of fundamental rights: The Judiciary acts as a protector of rights of the citizens
guaranteed by the law of the land and the Constitution. The court can declare any law which
transgresses a fundamental right as invalid. In India, the judiciary has the power to issue writs in the
name of habeas corpus, prohibition, mandamus, quo warranto, and certiorari.
8.  Guardian of the Constitution: The Judiciary is regarded as the guardian of the
Constitution. In federal States, this function is discharged by the application of the power of judicial
review. The Supreme Court of India enjoys the limited power of judicial review in invalidating laws
made by Parliament or State Legislatures.
The importance of the Judiciary: The importance of the judiciary in a democratic society can
hardly be exaggerated. Judiciary is a part of the democratic process. Judiciary not only administers
justice, it protects the rights of the citizens and it acts as the interpreter and guardian of the
Constitution. In many states, the judiciary enjoys the power of judicial review by virtue of which the
judiciary decides the constitutional validity of the laws enacted or of the decree issued. It can
invalidate such laws and decrees which are not constitutional.