Relation of the Judiciary with the Executive : Executive has always a role to play in the organization and working of the judiciary. Appointment by the executive is considered to be the best available method of appointing the Judges. Sometimes, the executive, in association with the legislature, is also assigned a role in the removal of the judges through impeachment. It is the responsibility of the executive to apprehend the culprit in case of every breach of law and bring him before the judiciary for his conviction and punishment. However, it is the supreme function of the judiciary to try and judge whether the person apprehended and produced before it by the executive, is really guilty of the charges leveled against him or not.
The judiciary, also, exercises some control over the executive. The executive is, in all the democratic countries, subject to the jurisdiction of the courts. The officials of the executive are to appear before the judiciary in all cases necessitating their evidence. In case any breach of law is committed by them, they too have to face the trial before the courts and undergo punishment if found guilty and convicted by the courts.
The judiciary has the power to nullify any and every act of the executive, which, in its opinion, involves a dishonest or excessive or arbitrary use of power by the executive. The judiciary can conduct judicial review over the rules made by the executive whenever any of these rules is challenged by the people. Further, the judiciary has the power to initiate contempt of court proceedings against any member of the executive in case he acts in a manner which tends to lower the dignity and honour of the courts.
Relation of Judiciary with The Legislature : Judiciary is also related to the legislature because the laws made by the legislature are in practice interpreted and applied by the courts. In the process, the courts really give meaning and effect to the laws. Furthermore, in almost all democratic countries, the judiciary has the power to conduct judicial review over the laws with a view to determine whether these are ultra vires or intra vires. Judiciary has the power to reject those laws or such parts of the laws which are considered and found to be ultra virus by it.
In the US Constitution, the judiciary has the power to reject as unconstitutional all laws which are considered to be violative of the high principle of “Due Process of Law.” The US Supreme Court can reject any law as unconstitutional and illegal if it is either found to be not passed in accordance with the procedure established by law or is held violative of the ends of justice and standards of goodness, or both. In India, the judiciary can reject a law as unconstitutional if it is found to be violative of the procedure established by law
The judiciary, through the case laws or the judge-made laws, supplements the law making role of the legislature. While interpreting and applying laws, the judges also make laws. Judicial decisions, given by the Courts of Records, the higher level courts, are binding upon the lower courts as laws proper. All such judge-made laws supplement the legislation passed by the Legislature.
The legislature also plays a role in the organization and functioning of the courts. In some of the states, the appointment of the judges is made through election by the legislature, as for example is the case in Switzerland where the Federal Assembly elects the judges of the Federal Tribunal. In some other states, the appointment of a judge by the executive is final only when it gets the approval/ratification by the legislature.
