Chapter 6 Role of the Judiciary
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The judiciary
in India plays a crucial role in the country's democratic framework, acting as
a guardian of the Constitution and ensuring the rule of law. Here are the key
aspects of its role:
1. Interpretation of the Constitution
The judiciary
interprets the Constitution, ensuring that its provisions are upheld. This
includes resolving ambiguities in constitutional provisions, determining the
validity of laws, and ensuring that legislative and executive actions conform
to constitutional mandates.
2. Protection of Fundamental Rights
One of the
judiciary's primary functions is to protect the fundamental rights of citizens.
The Supreme Court and High Courts have the power to issue writs (such as habeas
corpus, mandamus, prohibition, quo warranto, and certiorari) to enforce these
rights. Citizens can approach the courts if they believe their rights have been
violated.
3. Judicial Review
The Indian
judiciary has the power of judicial review, allowing it to assess the
constitutionality of legislative and executive actions. If a law or action is
found to be unconstitutional, the judiciary can strike it down. This ensures a
system of checks and balances, preventing the abuse of power by other branches
of government.
4. Adjudication of Disputes
The judiciary
adjudicates disputes between individuals, between individuals and the state,
and between different states or between the center and states. This includes
civil, criminal, and constitutional matters. The judiciary ensures that justice
is delivered impartially and efficiently.
5. Guardian of Rule of Law
The judiciary
ensures the rule of law, which means that all actions by the state and
individuals must be in accordance with the law. This promotes legal certainty,
equality before the law, and protects against arbitrary governance.
6. Advisory Role
The President
of India can seek the Supreme Court’s advice on legal matters of public
importance. While the advice is not binding, it provides valuable legal
guidance on complex issues.
7. Public Interest Litigation (PIL)
The judiciary
has recognized and expanded the concept of Public Interest Litigation (PIL).
This allows individuals or groups to file petitions on behalf of those who are
unable to approach the court due to socio-economic or other barriers. PILs have
been instrumental in addressing various social issues and ensuring justice for
marginalized communities.
8. Judicial Activism
Indian courts
have sometimes adopted a proactive stance in addressing issues of public
importance, a phenomenon known as judicial activism. Through landmark
judgments, the judiciary has often stepped in to fill legislative or executive
gaps, driving social and legal reforms.
9. Independence of the Judiciary
The
independence of the judiciary is a cornerstone of Indian democracy. Judges are
appointed through a rigorous process, and their tenure and conditions of
service are safeguarded to ensure they can perform their duties without fear or
favor. The judiciary operates independently of the executive and legislature,
ensuring impartiality and integrity in the administration of justice.
Structure of the Indian Judiciary
- Supreme Court: The apex court, it has the final
say in interpreting the Constitution and laws. It has original, appellate,
and advisory jurisdiction.
- High Courts: Each state (or group of
states/union territories) has a High Court. High Courts have original and
appellate jurisdiction and oversee the subordinate courts within their
jurisdiction.
- Subordinate Courts: These include District Courts
and other lower courts, which handle civil and criminal cases at the
district and lower levels.
In summary, the judiciary in India serves as a critical pillar in upholding democracy, ensuring justice, and maintaining the rule of law through its various functions and structures.