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Nature and Concept of Judicial Process:

The judicial process is a fundamental aspect of any legal system and plays a crucial role in upholding the rule of law. It encompasses a series of steps and procedures that aim to resolve disputes and administer justice in a fair and
impartial manner.

The term “judicial process” refers to everything a judge does in the pursuit of justice. It basically confines itself to the study of the law. The judicial process is basically the whole complex phenomenon of the court, and finding the lacunae in the midst of the process is the object of this project. Right from the Golaknath case to the Justice K.S.Puttaswamy case (Aadhar Judgment), some fundamental rights were affected in some way or another despite the studious and calibrated judicial interpretation of Article 21 through various landmark case laws. One of the famous judges of the Supreme Court stated that humans were not infallible and subjected to error. If an error is done accidentally, it is a mistake, and if an error persists for a long time, it is called injustice.

This process is meant to determine a person’s guilt. A judge can straighten out the case with the primary evidence and witnesses, but there is a procedure for making it fair without any bias. The judicial process is a cornerstone of any functioning legal system. It provides a framework for the resolution of disputes, the protection of rights, and the administration of justice in a society.
The judicial process serves as a critical instrument of social ordering within a society. It plays a crucial role in maintaining law and order, upholding justice, and ensuring that individuals and institutions adhere to the norms and rules established by the legal system. The judicial process is a cornerstone of a well-functioning legal system. By providing a structured framework for the resolution of disputes and the enforcement of legal norms, it contributes significantly to maintaining social order and stability within a society.

Functions as an instrument of social ordering:

  1. Interpreting and Applying Laws:
    Courts interpret and apply laws to specific cases. They clarify the meaning and intent of statutes, regulations, and precedents, providing guidance on how they should be enforced and followed.
  2. Resolving Disputes:
    Courts provide a formal and structured forum for resolving conflicts and disputes between individuals, organizations, and even government entities. This helps prevent personal grievances from escalating into potentially disruptive or harmful situations.
  3. Enforcing Rights and Obligations:
    The judicial process ensures that rights and obligations outlined in the legal framework are respected and enforced. This includes protecting individual liberties, property rights, and contractual obligations.
  4. Deterrence and Prevention:
    The existence of a functioning judicial system acts as a deterrent against unlawful behavior. Knowing that there are consequences for violating the law encourages individuals and entities to comply with legal norms.
  5. Setting Precedent:
    Judicial decisions, especially those made by the higher courts, establish legal precedents that guide future cases. This helps create consistency in legal interpretation and application, contributing to a more stable and predictable
    legal environment.
  6. Promoting Accountability:
    The judicial process holds individuals and entities accountable for their actions. This includes not only criminal accountability but also civil liability for harm caused to others.
  7. Protecting vulnerable populations:
    Courts play a crucial role in safeguarding the rights and interests of vulnerable and marginalized groups within society. They ensure that these groups have access to justice and are not unfairly disadvantaged.
  8. Upholding the Rule of Law:
    The judicial process is integral to upholding the rule of law, which is the principle that all individuals and institutions, including those in positions of power, are subject to and accountable under the law.
  9. Balancing Competing Interests:
    Courts weigh various interests in their decisions, including individual rights, societal interests, and public policy considerations. This helps strike a balance between conflicting interests and ensures that decisions are fair and
    just.
  10. Adapting to Sociological Changes:
    The judicial process has the capacity to adapt and evolve in response to changing social norms, values, and circumstances. This allows the legal system to remain relevant and effective in a dynamic society.
  11. Providing a Forum for Public Discourse:
    High-profile cases can serve as a platform for public discourse and debate about important legal and social issues. This can contribute to shaping public opinion and influencing policy decisions.

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