by The judiciary is the branch of government responsible for interpreting and applying laws, ensuring justice, and resolving disputes. It safeguards the rights and freedoms of citizens by ensuring that laws are followed and by providing a system for the redressal of grievances. The judiciary operates independently from the executive and legislature, maintaining checks and balances in a democracy. In India, the judiciary includes various courts, with the Supreme Court being the highest authority. Its primary functions are adjudicating cases, protecting the Constitution, and upholding the rule of law and fundamental rights of individuals.
Judiciary role in upholding the Constitution:
1. Judicial Review
One of the primary functions of the judiciary in upholding the Constitution is through judicial review. This refers to the power of the judiciary to examine the constitutionality of legislative acts, executive actions, and other state actions. If any law or action is found to be in violation of the Constitution, the judiciary can declare it unconstitutional and invalid. Judicial review ensures that neither the legislature nor the executive exceeds its authority, thus maintaining a system of checks and balances. In landmark cases, such as Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that the basic structure of the Constitution could not be amended, emphasizing the judiciary’s role in safeguarding the fundamental principles of the Constitution.
2. Protection of Fundamental Rights
The judiciary is entrusted with the protection of fundamental rights guaranteed by the Constitution. The judiciary ensures that these rights, enshrined in Part III of the Constitution, are not violated by any law or state action. Individuals whose rights are violated can approach the courts for redressal, and the judiciary has the power to issue writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to safeguard these rights. In Maneka Gandhi v. Union of India (1978), the Supreme Court broadened the interpretation of the right to personal liberty under Article 21, ensuring greater protection of individual freedoms.
3. Interpretation of Constitutional Provisions
The judiciary also plays an essential role in interpreting the provisions of the Constitution, especially in cases where the language of the Constitution is ambiguous or unclear. Judges, through their interpretations, clarify the meaning of constitutional provisions, thereby providing guidance on how laws should be applied. This process of constitutional interpretation is dynamic and evolves with the changing needs of society, ensuring that the Constitution remains a living document. Judicial interpretation has been instrumental in expanding and evolving concepts such as the right to education, the right to a clean environment, and the right to information.
4. Ensuring Federal Balance
In a federal system, the judiciary ensures that the balance of power between the central government and the states is maintained as per the Constitution. The judiciary resolves disputes between the Union and the States, and between States, concerning the distribution of powers. The Supreme Court, under Article 131 of the Constitution, has original jurisdiction in such matters and acts as an arbiter to preserve the federal structure. By doing so, the judiciary ensures that neither the Union nor the States encroach upon the other’s domain.
5. Safeguarding the Constitution’s Supremacy
The judiciary upholds the supremacy of the Constitution by ensuring that no individual, institution, or government can act contrary to it. In cases where the government oversteps its constitutional bounds, the judiciary steps in to correct the imbalance. In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court declared that the Constitution is supreme, and no amendment can alter its basic structure, reinforcing the judiciary’s role as a protector of the Constitution’s integrity.
