Author: Mohammed Yaqzan Ajwad, a student at ICFAI Law School-IFHE University
ABSTRACT
The judiciary assures that it is the custodian of the Constitution in terms of safeguarding constitutional governance with the rights of individuals from encroachments and maintaining the same against them. This article has thrown light on the understanding of the different functions of the judiciary in the relationship that it maintains with the legislative and executive organs, and to an extent rule of law from the Indian point of view. One could be justified to prove by quoting significant cases of how the judiciary interprets and implements constitutional principles and is liable towards its people. However, the important issues raised with respect to the subject also have been taken up and concluded through introspection into how highly significant this is with reference to contemporary Indian polity.
INTRODUCTION
The constitutional government denotes the Constitutional framework of government injected into the Indian system under the Indian Constitution defining the powers of government, defining the rights of citizens, and putting limitations on the power of government. The Constitution forged in 1950 is to be regarded by all as the supreme law of the land and as the document guiding all legislative and executive action therein. It gives ideals to society through democracy, justice, liberty, equality, and fraternity. The interpretation, dispute resolution, and prevention of the encroachment of rights of individuals by the State and others are under the wings of the Judiciary. It becomes a check on the executive and legislative powers under the Constitution so that these powers run within the limits of that Constitution. Independence of the judiciary is essential to uphold the rule of law and dispense justice without any prejudice or influence from external forces.
THE FUNCTIONS OF THE JUDICIARY
Interpretation of the Constitution: The judiciary plays a critical role in interpreting the Constitution. Most of the words of the Constitution have little clarity and hence require interpretation. Hence it becomes relevant when applying it to the different meanings derived from the different interpretations of its provision by the constitution. Interpretation of the Constitution is the final say by the Supreme Court of India, the apex court of hierarchies.
Judicial Review: A distinctive feature of the Indian judiciary is that function that it provides a review of the actions of the legislature and of the actions of the executive and passes such action as unconstitutional when it turns out it violates some provision of the Constitution. So it sees the supremacy of the Constitution and makes sure that all laws and actions of the government are according to the Constitution.
The Defense of Fundamental Rights: The judiciary is charged with protecting the rights of citizens enshrined under Part III of the Constitution. These include rights like the right to equality, freedom, the right against exploitation, the right to freedom of religion, certain cultural and educational rights, and constitutional remedies. Thus it ensures that any of these rights are not encroached upon by the state or any other entity and thus furnishes a means through which individuals can seek redress when one of these rights is violated.
Dispute Settlement: Probably the most extensive arena covered by the judiciary, dispute settlement extends from one person to that of the other person or group or even directly against the state. Dispute resolution becomes vital for social order and justice. It brings justice and the rule of law through the adjudication of civil and criminal cases. This has to do with all aspects of judicial dispute resolution which includes the interpretation and application of laws as fair and impartial.
Upholding the Rule of Law: Thus, it becomes understood that the judiciary is a significant agent for establishing the rule of law. Rule of law means that every human being and institution, including the government, is accountable under this law. That is why independence and impartiality in the judiciary are important to keep this unaffected principle, i.e., justice is not done without bias and favor.
LANDMARK CASE LAWS
Kesavananda Bharati V. State of Kerala (1973): The Supreme Court while upholding this power of Parliament to amend the Constitution, never affects the structure. It imposes on the usurper legislature the duty to maintain the judiciary as protector of the Constitution from legislative encroachment and the principle judging constitutional amendment. This was the basis for establishing its doctrine of “basic structure”, which maintained that certain fundamental features of the Constitution cannot be amended or destroyed by amendment.
In Maneka Gandhi vs. Union of India, 1978: The provisions of Article 21 were further extended in their ambit by the Supreme Court so that they could cover both the right to fair procedure and the right to life and personal liberty. It practically was said to mean that any law, depriving a person of personal liberty, would then have to translate into something just, fair, and reasonable. And that is how the judgment now refers to the role of the judiciary in defending individual rights against arbitrary action by the state. And that is also how the judgment has set the pace for future cases that relate to personal liberties.
Minerva Mills vs. Union of India: Horizontal separation of power is to be maintained only as long as judicial review remains one of those important foundations on which popular sovereignty rests in much of modern times. With this reaffirmation of the basic structure doctrine, the judgment once again testified to the significance of judicial review in maintaining checks and balances on the powers between the different branches of government. Such amendments restricting the power of judicial review were also declared invalid by the court. Thus, the case stressed the importance of the judiciary as a guardian of the Constitution monitoring that the legislature and the executive do not transgress their perimeters of authority.
Navtej Singh Johar v Union of India: In its momentous verdict, the consensual same-sex relations were decriminalized when the Supreme Court struck down one section of the Indian Penal Code, i.e. Section 377, and observed that this law was discriminatory and violated the fundamental rights of individuals and thus, it held to be unconstitutional. This judgment becomes an important landmark in civil rights and social justice for India and it has given a glimpse of how the judiciary can be an engine of equality and protector of marginalized communities.
Shayara Bano v. Union of India: In this case, the Supreme Court of India held triple talaq unconstitutional increasing thus gender equality and women’s rights. The practice itself had been seen as an arbitrary denial of the fundamental rights of Muslim women. It also reflected the commitment of the judiciary to fundamental rights and social justice and further emphasized the requirement of legal reform for protecting women’s rights in India.
RELATIONSHIP OF JUDICIAL TO OTHER ORGANS
Checks and Balances: The judiciary doesn’t only function within this precinct of checks and balances but also carries the most important part to play here since it grants unto all persons that a branch of the state, in accordance with its authority, will not go beyond the apron given to it. This is typically what maintaining separations of power is all about, and this separation itself is the foundation upon which all constitutional governance rests. It checks abuses through the actual use of reviewing legislative and executive actions.
The Independence of Judiciary: An independent judiciary may be termed as a very valuable constituent of the rule of law and a guarantor of constitutional rights, free from the sphere of political influence. The Constitution itself prescribes the processes relating to the appointment and removal of judges so that they may work according to their conscience and without fear of vindictiveness in performing their tasks. Public trust in the legal system can only be maintained by upholding the independence of the judiciary. In this way, it ensures fair justice is delivered.
Judicial Activism vs. Restraint: The debate between judicial activism and judicial restraint shapes the role of the judiciary in governance. Judicial activism refers to an active approach where the judiciary takes an active role in interpreting the Constitution and addressing social issues. Restraint, on the other hand, emphasizes deference to legislative intent and limits the role of the judiciary in policy-making. This ongoing debate influences how the judiciary approaches its functions and responsibilities.
FUTURE OF THE JUDICIARY IN INDIA
As India transforms, new challenges and opportunities for the judiciary arise. There are increasing complexities in legal issues and the role of technology in society, the need for quick justice, and the like that demand the judiciary to innovate and adjust. Similarly, alternative mechanisms of dispute resolution such as mediation and arbitration that are gaining momentum also open opportunities for the judiciary to decongest the courts and give more effective justice.
EMBRACING TECHNOLOGY
This will help in raising transparency, accessibility, and efficiency in the judicial process. Court operations can be simplified, and justice can be made more accessible to people through e-filing, virtual hearings, and case management systems online. Yet, the judiciary also needs to take care of data privacy and digital divide issues so that technological advancement is not used to exclude already marginalized communities.
STRENGTHENING LEGAL AID
Access to justice is one of the most significant issues in India, particularly among the poor. The judiciary can be made stronger by strengthening legal aid services and ensuring legal representation for all. In fact, the judiciary can take a proactive role to advocate for reforms that increase access to legal resources and support systems for those who need them.
ELIMINATION OF BACKLOGS AND DELAYS
This problem of case backlogs and judicial delay is one that needs to be addressed on the burning platform. The judiciary should therefore innovate how the cases can be solved fast without undermining the integrity of the process. This would include adding more judges, changing case management practices, and making use of technology to streamline proceedings.
PUBLIC AWARENESS
Public awareness of their legal rights and the judiciary will instill a culture that is accountable and respectful of the rule of law. Outreach programs by the judiciary to educate citizens on the rights of citizens and the mechanism of the legal process shall empower citizens to seek their rights when due. An alliance with civil society organizations strengthens these efforts.
CONCLUSION
The role of the judiciary in the constitutional governance of India is many-sided and changing. Being the guardian of the Constitution and protector of individual rights, the judiciary has to play out, with all the complexities that go with a contemporary society and yet remain steady on the commitment to justice and equality. Adopting innovation, enhancing access to justice, and advocacy for public awareness in order would hugely contribute to the judiciary’s remaining very responsive toward sustaining its crucial role of reshaping a just and equal society for all citizens. Much will depend on how Indian jurisdiction can change with times in such a manner as not to abdicate its basic principles for the constitution. This branch of constitutional governance within the country is essential. It ensures that rule by law takes place as it upholds the rights of people. The reason is that the judiciary has a role in interpretation, judicial review, and the resolution of disputes to check the powers of governments. Landmark case laws elaborate further on the very crucial role that the judiciary plays in societal value-building and the protection of the rights of minorities. As India grapples with contemporary issues, it needs this independence and commitment to the constitutional principles of the judiciary for a just and fair society.
FREQUENTLY ASKED QUESTIONS (FAQS)
Q1. Why is judicial review so important in India?
A1. Judicial review is essential to maintain the supremacy of the Constitution and, therefore, to ensure courts have the authority to override laws and actions of governments that are not in sync with constitutional principles. It protects individual rights against arbitrary government.
Q2. How does the judiciary maintain the rights of individuals in India?
A2. The judiciary not only makes constitutional rights meaningful but also provides a process through which an individual can question or challenge laws and/or state actions violating her/his rights. A variety of legal and public interest litigations make it possible for persons to vindicate their rights as well as bring the state under proper accountability.
Q3. Can the judiciary in India be politicized?
A3. The judiciary is independent, but politics intrudes into independence often, particularly while making judges and by public views. Therefore, judicial independence becomes a crucial issue in preserving legal institutions.
Q4. What role does the Supreme Court play in Indian constitutional governance?
A4. Supreme Court. This is the highest in the country. This interprets the Constitution and rules out all other major issues concerning the law of the nation. They play an important role both in the implementation of the rule of law as well as in citizen’s protection of rights.
Q5. What does the judiciary mean in Indian social justice?
A5. The judiciaries through judgments are always in pursuit of social justice so that the very nature of the laws remains interpretive so that the basic rights coupled with protection to the under-privileged class remain there.
