Role of Judiciary and Constitutional Provision

Introduction

The third pillar of a democracy is called the judiciary ( the others are parliament and government). The judiciary in India is a singular and independent institution under the Constitution, and is not only a dispute resolution authority but also the guardian for fundamental rights and protector of constitutional values. The drafters of the constitution envisaged a strong and independent judiciary as a safeguard against the any excesses of power on the part of other organs of the state. Prompted by various constitutional stipulations, the judiciary has the critical duty to uphold the rule of law, interpret laws, and ensure justice for all members of the society regardless of their status or their background.

Constitutional position and judiciary structure

There is a single integrated judicial system in India, which is operated by the hierarchy of the Supreme Court, High Courts and subordinate courts. The relevant provisions are contained in Part V ( Chapter IV: The Union Judiciary); and, Part VI (Chapter VI: The Sate Judiciary)

Article 124- 147: Relate to the constitution and jurisdiction of the Supreme Court.

Article 214-231: Are related with the High Court

Article 233- 237: Laws relating to subordinate judiciary

The judiciary’s independence is safeguarded by such things as security of tenure, conditions of service, and power of review.

Key Roles of the Judiciary

(a) Construction of the Constitution:

One of the judicial functions is interpreting the Constitution. Through magnificent pronouncements, it has defined the contours and interstices of human entitlements and the authority of branches.

Kesavananda Bharti v. State of Kerala (1973) — Supreme court evolved the Basic structure Doctrine, according to which Parliament cannot change the basic structure of the constitution.

(b) Custodian of Basic Rights:

The judiciary is a sentinel in the sense that it stands guard to protect the constitutional rights of citizens that are defined in Part III of the Constitution

Article 32 and 226: They are sources for remedies for enforcement of fundamental rights in the form of various writs such as habeas corpus, mandamus, certiorari, prohibition and quo warranto.

Maneka Gandhi v. Union of India (1978)—  The case talk about the Article 21 Right to life which means living with dignity and fairness. It also said that any law affecting life or personal liberty must be fair and reasonable not harsh.

(c) Judicial Review: 

It refer the ability of the courts to check the law made by the legislature and actions of the executive follow the constitution or not. The doctrine is important to make sure that every law enacted by the legislature is in accordance with the Constitution.

Constitutional provision: Article 13, 32, 226, 131, 136, 143 and 145 give power to the court to strike down the law which goes against the constitution.

(d) Checks and Balances:

Under a democratic system, judiciary mediates and makes sure that the executive and legislature do not overstep their constitutional boundaries. The courts have intervened through the Public Interest Litigation (PILs) to male sure that governance is as per the law.

Vineet Narain v. Union of India (1998)— The court made the investigation agencies such as CBI accountable.

(e) Independence of Judiciary:

Judicial independence is a situation whereby the judges are free to make judgements without governments or any other influence. The Indian Constitution achieves this by such features as secure tenure, fixed salaries and independence of the executive. This is essential in order to guard rights, promote the rule of law, and preserve the public confidence in justice.

Comparative to Common Law Jurisdictions

In some nations, such as United Kingdom, judicial review is limited by the doctrine of Parliamentary sovereignty, because Parliament is supreme. Conversely, India, following the U.S. example, has constitutional supremacy in which laws that are inconsistent with the constitution are declared invalid.

UK Judiciary: More parliament statutes

Indian Judiciary: Has the power to strike down statutes, and governmental acts.

The problems and solutions required

Although the Indian judiciary plays a very important role, it is burdened with few mounting challenges that are limiting its performance. A huge pendency of more than 4 crore cases in different courts is one of the biggest problems as it has resulted in a delay in the delivery of justice. Also there are frequent judicial vacancies and the process of appointment is also slow which puts further strain on the system. The non-transparency of the procedure of appointment of judges, particularly in the Collegium system, has also been criticised, and any proposed NJAC (National Judicial Appointments Commission) continues to be debated. Among the main reforms that should be implemented to resolve these issues, one can distinguish the computerisation of court affair, acceleration of the judicial appointment process, and simplification of case handling. Appointments need to be made more transparent, and Alternative Dispute Resolution (ADR) system need to be encouraged, which will further reduce the burden on the judicial system, and citizens will get speedy justice.

Conclusion

The Indian courts are very powerful because of the constitutional provisions that help the judiciary to transform and guard the democratic governance. It is the guardian of constitutional morality, the rule of law and personal freedoms. Though the judiciary has increasingly demonstrated its independence and activism at critical instances, it is also necessary to transform itself to be more transparent, accessible, and efficient. As citizens, we should only assist in aiding judicial reforms and making the system accountable at all levels thus serving its integrity.

Closing Credits

Author: ARPITA GUPTA

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"