‘Judiciary in India is the watchdog of democracy.’ Comment.

Judiciary in India: The Watchdog of Democracy

The judiciary in India plays a critical role in upholding democracy, ensuring the rule of law, and safeguarding the rights of citizens. It serves as a check on the powers of the executive and legislative branches, ensuring accountability and protecting constitutional principles.

1. Upholding Constitutional Principles:

The judiciary in India is tasked with interpreting and upholding the Constitution of India, which is the supreme law of the land. Through judicial review, the courts ensure that laws passed by the legislature and actions taken by the executive adhere to constitutional principles. This includes protecting fundamental rights, ensuring equality before the law, and promoting justice and fairness in society.

2. Safeguarding Fundamental Rights:

One of the primary roles of the judiciary is to protect the fundamental rights guaranteed under Part III of the Constitution. These rights include the right to equality, right to freedom of speech and expression, right to life and personal liberty, and right to constitutional remedies. The judiciary acts as a guardian of these rights, intervening to strike down laws and actions that violate these fundamental freedoms.

3. Ensuring Checks and Balances:

In a democratic system, checks and balances are essential to prevent any one branch of government from becoming too powerful. The judiciary serves as a check on both the legislative and executive branches. It reviews laws passed by Parliament to ensure they do not exceed constitutional limits and can declare them unconstitutional if they violate fundamental rights or other provisions of the Constitution. Similarly, the judiciary reviews executive actions to ensure they are lawful and do not exceed the authority granted by law.

4. Judicial Independence and Impartiality:

The independence of the judiciary is crucial for its role as a watchdog of democracy. Judges are expected to be impartial and free from undue influence, ensuring fair and transparent adjudication of disputes. The Constitution provides several safeguards to protect judicial independence, including security of tenure, fixed salaries, and provisions for removal only through a rigorous impeachment process.

5. Public Interest Litigation (PIL):

In recent decades, the judiciary in India has expanded its role through Public Interest Litigation (PIL). PIL allows individuals and organizations to seek judicial intervention in matters of public interest, such as environmental protection, corruption, and human rights violations. The judiciary has used PIL to address systemic issues and ensure accountability in governance, thereby enhancing its role as a guardian of democratic values.

6. Judicial Activism and Reform:

Judicial activism refers to instances where the judiciary takes an active role in shaping public policy and governance beyond traditional adjudication. In India, judicial activism has been instrumental in driving social and legal reforms. Landmark judgments have led to improvements in environmental protection, promotion of transparency and accountability in governance, and expansion of civil liberties.

Conclusion:

In conclusion, the judiciary in India serves as the watchdog of democracy by upholding constitutional principles, safeguarding fundamental rights, ensuring checks and balances among branches of government, maintaining judicial independence and impartiality, and promoting judicial activism through Public Interest Litigation. Its role is crucial in preserving the rule of law, protecting citizens' rights, and holding the government accountable to the people. Through its actions, the judiciary reinforces democratic values and strengthens the foundations of India's pluralistic and inclusive democracy.