The Judiciary is one of the three arms of the state. Its independence and effectiveness define the true state of a democracy. However, the Judiciary is also the weakest of the three organs without any executive machinery of its own or with a formal popular base, as in the case of the Legislature. Every democratic constitution, therefore, tries to have in-built safeguards to maintain the independence of the Judiciary. 

The Judiciary cannot be said to be completely independent of the Executive and the Legislature, in view of the following provisions: 

(i) Leave and pension for Acts of Parliament regulates the judges of the High Court. 

(ii) Subject to the provisions of the Constitution, laws of the respective legislatures determine the jurisdiction of the courts. 

(iii) The constitution, jurisdiction and powers of the sub-ordinate courts are regulated by laws of the State Legislature that can exclude specified matters from the jurisdiction of ordinary courts. 

(iv) All appointments of judicial officers are the responsibility of the executive, though provision has been made for consultation with the High Court, although the state government appoints the staff of the High Court. 

Law and Judiciary Department 

The Law and Judiciary department, as the name connotes, functions as legal advisory department to the government and as administrative department for the Judiciary. The functions of the Law and Judiciary department as advisory department are mainly technical. This department tenders legal advice mainly to government departments in the Mantralaya on the following subjects: -

(1) Legal points arising under the Constitution of India, several civil and criminal Acts, rules and regulations, etc.

(2) Legislation (both principal and sub-ordinate).

(3) Litigation (both civil and criminal),

(4) Conveyance

In addition to the administration of the Judiciary, the Law and Judiciary department is an administrative department for the following heads of departments and offices:

(a) Charity Organization,

(b) Administrator General and Official Trustee, Mumbai.

(c) Registrar of Firms,

(d) Sheriff of Mumbai,

(e) All law officers (known as Government Pleaders and Public Prosecutors) in the state.

In addition to this, the Law and Judiciary department administers the Maharashtra State Legal Aid and Advice Scheme.

On the basis of an analysis of the activities performed by the Law and Judiciary department, the following programs find place in the Performance Budget for 1997-98:

(1) The Law and Judiciary department 
(Mantralaya department)

(2) High Court

(3) Civil, Sessions and Criminal Courts

(4) Small Causes Courts

(5) Metropolitan Magistrate Courts

(6) Administrator General and Official Trustee

(7) Sheriff of Mumbai

(8) Legal Advisers and Counsel

(9) Charity Organization,

(10) Charitable and Religious Endowments

(11) Registrar of firms

(12) The Maharashtra State Law Commission.

The Maharashtra State Law Commission was established after reconstitution and is likely to start functioning very soon.

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