Role of judiciary in constitutional provision
Title: Role of judiciary in constitutional provision
Introduction:
India upholding the principle of democratic society is governed by rule of law, in which judiciary is considered withholding the place in quintessential pillars of democracy serving as the sentinel of the constitution ensuring justice, liberty and equality for all its citizen so as to they are not just ornamental ideals but also living realities for every citizen which future gets strengthen by creating mechanical framework between other two pillars which are legislative and executive where one makes law and represent the will of the people while the other pillar looks after the enforcement of law and administers the government, and thus not merely standing as a still hold forum for dispute resolution but also as a guardian and protector of constitutional morality and an important arbiter of justice. This blog delves deeper into the diverse and unique roles played by the judiciary in upholding the Indian Constitution.
Function/ role of judiciary:
To assist provision of constitutionalism and to fill up legislative vacuum to uphold the spirit of preamble beneath discussed are the several core functions:
Judicial review: this gives power to authority to examine constitutionality of legislative and executive actions, even though the most known case of Kesavananda Bharati Sripadagalvaru vs. State of Kerala in which judiciary established the "basic structure doctrine," ensuring that no law or amendment can dilute the essential features of the Constitution.
Protector of fundamental rights: against the potential excesses of the state, judiciary stands as bulwark, ensuring the rights and dignity of individual and society remains uncompromised, it safeguard the rights enshrined in part iii in the cases like Maneka Gandhi Vs. Union of India (UOI) and Ors. As well as Justice K.S. Puttaswamy and Ors. vs. Union of India (UOI) and Ors. Hon’ble justices highlighted the scope of rights like personal liberty, privacy and dignity.
Custodian of Federalism and Decentralization: to settle the dispute between union and state judiciary acts a balancing mechanism to prevent encroachment state power and thus resolving the interstate dispute, preserving in federal ethos.
Administrator of justice: examination of evidences, interpretation of laws, and determination of guilt or innocence of individuals in order to impose penalty accordingly.
Promoting Constitutional Ethics and Values: Beyond legal enforcement, the judiciary upholds the spirit of constitutional values such as secularism, pluralism, and social justice. By interpreting the Constitution in the light of changing social realities, it promotes inclusive governance and moral accountability.
Enhancing Transparency and Accountability: in every growing democracy there lies the demand for responsiveness and answerability for their decision and action, certain provisions which upholds the same are as follow; article 124(4) and 124(5), article 217, article 235 and such others.
Interpretation of Constitutional Provisions: to reach the core of legislation and assist the readers to understand the crux in the similar manner as envisioned by the drafters remains quintessential. Thus judiciary, through its reasoned interpretations, ensures that laws remain relevant and aligned with democratic values.
Key challenges:
While the judiciary in Indian democracy if unavoidable to uphold the democratic principles, it do faces several structural, procedural and ethical challenges that causes hindrance in its effective functioning, some of which are mentioned beneath:
Judicial Delays and Pendency: A backlog numbers of cases exceeding crores in counting, and ultimately resulting in increasing the burden on the system, undermining the right to timely justice.
Vacancies and Infrastructure Deficiencies: Inadequate judges and poorly equipped courts delay proceedings and reduce efficiency.
Opaque Collegium System: The process of judicial appointments lacks transparency, leading to questions about accountability.
Judicial Overreach: In some cases, the judiciary has been criticized for stepping into the domains of the legislature and executive.
Corruption and Ethical Concerns: Isolated instances of judicial misconduct weaken public trust in the judiciary’s independence and integrity.
Reforms:
If These challenges not addressed in a proper manner it will not only affect the delivery of justice but also impact public trust in the judicial system, therefore here are some reformative changes which if undergo will aid in building a strong, independent, and efficient judiciary. In addition to the various refinement made in prior one of the keystone and the latest reform made to uphold this system lies in the judgement of the case of Supreme Court Advocates-on-Record Association and Ors. vs. Union of India (UOI) struck down the 99th constitutional amendment and the national judicial appointments commission act While this judgment reasserted the judiciary’s independence in appointments, it also underlined the need for reform within the collegium system to incorporate more openness and accountability. This case serves as a reminder that while protecting judicial independence is essential, introspective reforms are equally necessary to ensure credibility and effectiveness.
Conclusion:
The Indian judiciary plays a crucial role in upholding democracy, constitutional values, and civil liberties and it is not just a pillar of democracy rather it is the keystone feature that holds and binds the constitutional arc together, and thus it can rightfully concluded “A vigilant judiciary is the cornerstone of a robust democracy. When courts stand firm, the Constitution breathes.”
Closing Credits
Author: Siddhika Jain
Affiliation: Jagran Lakecity University, Bhopal
"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"
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