Author- Priyam Malik, a student at Sister Nivedita University
To the Point
The democratic society is the one where people can be the part of decision making process, either directly or indirectly through elected representatives. It is based on principle equality, justice, freedom and rule of law. The important feature of the Democracy is – popular sovereignty, rule of law, Fundamental rights and freedom etc. The judiciary has played a crucial role in maintaining democracy in society. Particularly it has many roles through which it ensures that democracy is still there. Some of that are- upholding the constitution, Protecting Fundamental rights, maintains the rule of law, acts as a check on power etc.
Abstract
This article explores how the judiciary serves as a cornerstone of democracy, preserving its core values and preventing the misuse of power. In a democratic setup rooted in popular sovereignty, justice, equality, liberty, and the rule of law, the judiciary plays a vital role in ensuring that these principles are upheld. Acting as the guardian of the Constitution, it keeps a close check on legislative and executive actions to ensure they remain within constitutional boundaries. By enforcing fundamental rights through writs under Articles 32 and 226 and using judicial review to invalidate unconstitutional laws, the judiciary protects individual freedoms and maintains the balance of power among the state organs. Landmark cases such as Kesavananda Bharati, Maneka Gandhi, and S.R. Bommai have emphasized on the judiciary’s role in protecting constitutional morality and democracy in state. The article also draws upon legal doctrines, case law, and precise legal terminology to highlight the judiciary’s function as an impartial decision-maker and protector of civil liberties. A set of FAQs at the end aims to make these legal concepts more accessible to readers from all backgrounds.
Use of legal jargon
Custodian of constitution: The judiciary acts as the sentinel of on the qui vive, ensuring that all legislative and constitutional actions conforms to the constitutional mandate.
Protector of Fundamental Rights: The judiciary protects the fundamental rights of citizens through writ petitions under article 32 and 226 where someone can file a writ to enforce his fundamental right.
Judicial review: Courts exercise judicial review to test the vires of laws and government actions, striking down those that are ultravires.
Rule of Law: The judiciary upholds the rule of law, ensuring that due process is followed and that no person is above the law.
Separation of powers: It maintains the balance through separating the powers of legislation from that of the executive.
Adjudication of disputes: The judiciary performs its adjudicatory functions by resolving civil, criminal and constitutional dispute impartially.
The proof
The judiciary is regarded as custodian of constitution because “It is regarded as the sentinel on the qui vive, ensuring all actions conform to the Constitution.”
It protects the fundamental right by Article 32 and 226 by which a person file a writ directly to Supreme Court and High court to enforce their right.
Judiciary test the validity of law, if it is vires then no need to be struck down but if it is ultravires then it will be struck down.
The judiciary ensures that all the action must be taken in accordance with the law ,it states that no person is above the law.
It maintains institutional balance by checking legislative and executive functions thus ensuring that overlapping of powers does not occur.
As the principal organ for the adjudication of civil, criminal, and constitutional disputes, the judiciary provides a neutral forum for dispute resolution.
Case Laws
Guardian of constitution
Keshava Nanda Bharati vs. State of Kerala (1973)
Doctrine- Basic structure doctrine
Held-Parliament can’t alter basic structure of the constitution, Judicial review is essential to protect democracy.
Minerva Mills v. Union of India (1980)
Held: Emphasized on limited amending power of Parliament and upheld the supremacy of Fundamental Rights over Directive Principlesof the state. Reaffirmed the judiciary’s role in maintaining constitutional balance and moral integrity.
Protection of Fundamental right
Maneka Gandhi v. Union of India (1978)
Held –expanded the scope of article 21 including the right to travel abroad.
Introduced the doctrine of Procedure established by law with reasonableness and fairness.
2) A.K. Gopalan v. State of Madras (1950)
Held: Earlier restrictive interpretation of personal liberty; later overturned by Maneka Gandhi case.
3. Judicial Review and Checks on Government Power
1) S.R. Bommai v. Union of India (1994)
Held- Misuse of article 356 by the governor for partial action taken in the interest of centre.
I.R. Coelho v. State of Tamil Nadu (2007)
Held- Judicial review applies even to laws placed in 9th schedule.
4. Rule of Law and Equality before Law
1) India Nehru Gandhi v. Raj Narain (1975)
Held-Invalidating clause removing judicial review of election disputes. Ensured that free and fair election and rule of law are basic feature of democracy.
2) State of West Bengal v. Anwar Ali Sarkar (1952)
Held-Arbitrary classification under a special court law struck down for violating Article 14 (Right to Equality).
5. Judicial Independence
1) Supreme Court Advocates-on-Record Association v. Union of India (1993) – Second Judges Case
Held- Judicial appointments must be made primarily by judiciary
2)Third Judges Case (1998)
Held- Strengthened the collagium system and emphasized consultation in judicial appointments as a part of constitutional governance.
6. Social Justice and Public Interest
1) Vishaka v. State of Rajasthan (1997)
Held-laid down guidelines to prevent sexual harassment at working place using international conventions emphasizing on showing judiciary’s role social form.
2) Bandhua Mukti Morcha v. Union of India (1984)
Banned bonded labour as a violation of article 21 and expanded the scope OF PUBLIC INTEREST LITIGATION (PIL).
CONCLUSION
By examining above mentioned facts and information, we can clearly say that Judiciary plays a important role in maintaining democracy in society. Judiciary plays many functions such as -Custodian of constitution, Protector of Fundamental Rights, Judicial review, Rule of Law etc. Democracy in other words means where people has freedom to choose the king of the state. All of the above mentioned empower people to actively engage in election to choose their ruler. It ensures that general will of the people will be of upmost priority. So, the role of judiciary is an essential part of judiciary.
FAQs
1. What does the judiciary do in a democratic system?
Answer:
The judiciary acts as a protector of the law. It upholds the rule of law, defends individual rights, ensures that the Constitution is followed, prevents the misuse of power by other branches of government, and settles disputes fairly and without bias.
2. How does the judiciary safeguard fundamental rights?
Answer:
Citizens can approach the courts through writ petitions under Article 32 (in the Supreme Court) or Article 226 (in High Courts). This allows the judiciary to stop any actions by authorities that threaten or violate basic constitutional rights.
3. What is judicial review, and why does it matter?
Answer:
Judicial review allows courts to assess whether laws or actions taken by the government are in line with the Constitution. This power ensures that no one acts above the law, helping maintain balance and prevent authoritarian rule.
4. What does it mean when we call the judiciary the “guardian of the Constitution”?
Answer:
It means the judiciary ensures that all government actions stay within the boundaries of the Constitution and prevents any attempt to alter its core principles, known as the basic structure.
5. Can the judiciary control the legislature or executive?
Answer:
While the judiciary doesn’t interfere in everyday decision-making, it can step in to review laws or actions if they violate legal or constitutional norms. This keeps all government bodies accountable.
6. What does independence of the judiciary mean?
Answer:
A judiciary is independent when it operates free from external pressure, especially from the political executive. This is made possible through secure tenure for judges, financial autonomy, and a fair appointment system—allowing courts to deliver justice without fear or favour.
7. How does the judiciary ensure the government is responsible?
Answer:
By applying the tools of judicial review, accepting public interest litigations (PILs), and interpreting laws with integrity, courts make sure that those in power act within the law and respect citizens’ rights.
8. What are some key judgments that show the judiciary’s democratic role?
Answer:
Kesavananda Bharati v. State of Kerala (1973) – Established the Basic Structure Doctrine
Maneka Gandhi v. Union of India (1978) – Broadened the scope of Article 21 (right to life and personal liberty)
S.R. Bommai v. Union of India (1994) – Limited misuse of President’s Rule and strengthened federalism
Vishaka v. State of Rajasthan (1997) – Created guidelines to protect women from workplace harassment
9. What is the collegium system for judges?
Answer:
The collegium system is a method of appointing judges to higher courts, where a panel of senior judges recommends names. This keeps the process transparent and free from political interference, reinforcing judicial independence.
10. Why is the judiciary called the “watchdog of democracy”?
Answer:
Because it watches over the functioning of the state, ensures laws are respected, rights are protected, and no branch of government exceeds its power. In doing so, it safeguards the democratic framework of the country.
