Judicial Power - Definition - Law Dictionary Home Dictionary Definition judicial-power

Definition :

Judicial power, 'judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132 (135). (Code of Civil Procedure, 1908, s. 24)

The legislatures in India cannot exercise a power which can be described as essentially judicial and not legislative. There has been a lacuna in creating jurisdiction, supplies it, it acts within the legislative field. Where, however, the legislature goes further than this & compels the determination of a case at the hands of a court taking it completely out of reach of the court to make a contrary decision, the matter is one under judicial and not legislative power, Biharilal v. Ramcharan, AIR 1957 MP 165.

Means the judicial power which every authority i.e., courts i.e., High Court and subordinate judiciary, established under Chapters V and VI of Part VI and the Union Judiciary constituted in Chapter IV in Part V, 'the Supreme Court of India' must of necessity have to decide controversies between citizen and the citizen, citizen and the State or the States inter se, whether the rights relate to life, liberty or property. The courts have power and authority to declare the law, apply the law and give a binding and authoritative decision between the parties before it and carry it into effect, Kartar Singh v. State of Punjab, (1994) 3 SCC 569 (736).

Judicial power, has been defined: If a body which has power to give a binding and authoritative decision is able to take action so as to enforce that decision, then but only by then, according to the definition quoted, all the attributes of judicial power are plainly present, Words and Phrases, Vol. 3, p. 113.

Means the power which every sovereign authority must of necessity have to decide controversies bet-ween its subjects, or between itself and its subjects, whether the rights relate to life, liberty or property. The exercise of this power does not begin until some tribunal which has power to give a binding and authoritative decision is called upon to take action, Shell Co. of Australia v. Federal Commr. of Taxation, 1931 AC 275: 1930 All ER Rep 671 (PC).

Mean the authority to determine the rights of persons property by arbitrating between adversaries in specific controversies at the instance of a party thereto; the authority vested in some court, officer, or person to hear and determine when the rights of persons or property is the propriety of doing an act is the subject-matter of adjudication, Grider v. Tally, 54 Am Rep 65.

Judicial Powers, not only when he is deciding suits between parties, but also when he exercises disciplinary powers which are properly appurtenant to the office of a judge, Attorney-General of Gambia v. N'Jie, 1961 AC 617: (1961) 2 All ER 504: (1961) 2 WLR 845 (PC).