September 17, 2021

HOW DOES THE JUDICIARY HELP A DEMOCRATIC COUNTRY IN ITS DEVELOPMENT?

The Constitution of India provides for three main organs upon which the democratic functions. These three organs are the legislature, executive, and judiciary. The legislature is the law-making body. The executive is the law enforcement body. Judiciary interprets the Constitution and provides justice. This unique three-tier system is the basis that makes our Democracy the largest one in the world.

Role of judiciary in promoting development in a democratic country like India:

  1. Separation of Power: This independence of the Judiciary calls for ‘Separation of Power’. This means that both the legislature and executive are not allowed to interfere in the functioning of the Judiciary. So, to successfully execute their independent authority, the judges of both the Supreme Court and the High Courts must be appointed without any influence on interference from other branches of the government or private or partisan interests.
  2. Structure of Courts: Judiciary has many important roles to fulfill which includes:
    • To act as guardian and interpreter of the constitution.
    • To protect fundamental and other rights of the citizens of India                  
  3. To fulfill the duty imposed on the shoulders of the judiciary, the judicial system is divided into three levels of Courts in India:
    • District Court: It is the lowest court situated in every district of each State. This is where most citizens go-to for any dispute in their city or religion.
    • High Court: Each state has its own High Court, which is most certainly the highest judicial authority of the state. Any person aggrieved by the order of the District Court can appeal to the High Court for its grievances.
  4. Supreme Court: This is the Apex Court in a country. All other Courts including High Courts and the District Courts are subordinate to it. The decisions made by the Supreme Court stand above all other subordinate courts. The decision passed by the Supreme Court is final and binding on the parties.
  5. Dispute Resolution: The courts also have the right to punish people for the crimes they commit. Almost every social situation which needs a rule is managed by the   Judiciary.  So, whenever there is a dispute, the courts intervene in providing solutions. Whether that dispute may be between citizens, citizens, and government or between two governments or even the central and state government, the State is responsible for dispute resolution.
  6. Judicial Review: The judiciary has the final hold on the Constitution of India. As such, if there is any violation of the fundamentals of the Constitution, the court can even overwrite laws passed by the Parliament. This process is called Judicial Review.
  7. Upholding the Law and Enforcing Fundamental Rights: Almost all fundamental rights of Indian Citizens are defined in our Constitution. In case, any citizens feel that any of such rights are violated, they can approach their local High Courts or the Supreme Court under Articles 226 or32 of the Constitution.

Conclusion: Very unique feature of the Indian Apex Judiciary is that it has the power to determine the validity of constitutional amendments which perhaps is seen nowhere under any other constitution, whether codified or not.

In nutshell, the judiciary generally performs one or many of the following functions in India:

1. Interpreting the constitution with due deference to the wishes of the framers of the constitution. Upholding the federal principle of maintaining the balance between the various organs of the government or between the center and the states.

3. Guarding and protecting the fundamental rights of the citizens.

4. Applying and interpreting the laws made by the legislature.

5. To check and balance the legislative or executive actions of the government.

6. Under Article 32 and 226 the Supreme Court and the High Court respectively have the power to issue writs or orders for achieving the objectives of those articles.

7. Through Public Interest Litigations, the Judiciary has the power to ask the government about the implementation of the schemes run by the government.

Aishwarya Says:

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