Roles of Legal Systems, Judiciary, Legal Professionals & Civil Society

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When society came into existence there was hardly any rule which could regulate the behavior of the people constituting the society. It was lawlessness, barbarism and chaos everywhere.

In the process of civilization and growth of society, there was the need of a system which could regulate the human behavior and minimize the friction among them on the basis of set principles of justice and fair play.

Many tools were developed for development and betterment of the society. The role of these tools is described as below :

Role of Legal System

A Legal System is a set of legal principles and norms to protect and promote a secure living to its people in a society. In this way, it plays an important role by recognizing rights and prescribing duties for the people and also by providing the way to enforce these rights and duties.

To enforce these rights and duties, the Legal System considers the socioeconomic and political conditions in the society and makes its own goal and then makes a set of rules or principles and laws which help the society to achieve its identified goals.

Role of Judges

The Judges, who are the crusaders of Justice are independent of both Executive and Legislature in a Democratic set up. Therefore, they are the persons who administer justice without fear or favor.

They adjudicate the matters before them after proper inquiry in accordance with just, fair and reasonable principles of law to provide justice.

Role of Advocates

Advocates are the key functionaries assisting the judges in the administration of justice. They are the officers of the Court and are constituted into an independent profession under the Advocates Act, 1961.

Without the expert assistance of the advocates or lawyer on either side of a dispute, judges will find it difficult to find the truth on disputed facts in issue and interpretation of law.

Role of Civil Society

In democracy, ‘we the people’ i.e., citizens and their particular groups play pivotal role in good governance. They create ‘Pressure Groups’ for seeking attention of the legislature and the government.

For example, several movements led by Mahatma Gandhi during the freedom struggle. People’s effective participation brings transparency, accountability and responsiveness in the government.

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Questions

What is the importance of Constitution?

‘Constitution’ is a fundamental document which covers policy aspiration of people in a given society. It covers rights and duties of the subjects of the nation on the basis of equality, justice and fairness. It is a document which also provides for powers and responsibilities of the government.

How does Civil Society help in bringing good-governance?

The Civil Society members create pressure for seeking attention of legislature and executive branch of the Government. Their participation brings transparency, accountability and responsiveness in the Government and in this way they help in bringing good governance.

Analyse the role of Advocates in the administration of Justice.

Advocates are the key functionaries assisting the Judges in the administration of Justice. They are the officers of the Court and are constituted into an an independent profession under the Advocates Act, 1961. Without the expert assistance of the Advocates on either side of a dispute, Judges will find it difficult to find the truth on disputed facts in issue and interpretation of Law.

Discuss briefly the role of Judges in the administration of Justice.

The Judges, who are the crusaders of Justice, are independent of both Executive and Legislature in a Democratic set up like India. Therefore, they are the persons who administer Justice before them after proper inquiry in accordance with Just, fair and reasonable principles of Law to provide Justice.

Article summary: With the passage of time, society develops tools to regulate human conduct and behavior which can minimize friction and lawlessness in the society. Legal system, Constitution, Courts, Personnel of Law particularly judges, advocates, Civil Society play a very important role to enforce the rights and duties of the citizens. It also prevents lawlessness, friction and corruption in the society.

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_{Acknowledgement : This article is adapted from Swayam – NIOS course material}