by The judiciary plays a central role in upholding human rights and promoting democratic values in a nation. As an independent body, the judiciary ensures that justice is administered without fear or favor, thereby protecting the rights and freedoms of individuals against any unconstitutional actions by the state or other authorities. In democracies, where the power of the government is divided into executive, legislature, and judiciary, the judiciary acts as the guardian of the Constitution, safeguarding the fundamental rights of citizens and promoting democratic values.
Judicial Role in Protecting Human Rights
Human rights refer to the basic freedoms and protections to which all individuals are entitled by virtue of being human. These rights are essential for the development and dignity of individuals and include civil, political, economic, social, and cultural rights. The judiciary’s role in the protection of human rights is foundational.
The judiciary protects human rights by interpreting and enforcing constitutional provisions related to fundamental rights. In many countries, including India, the judiciary has the power to review laws and government actions to ensure they do not violate individuals’ rights. Courts have often intervened in cases where there has been abuse of power by the government or violation of basic human rights, such as the right to life, liberty, equality, and freedom of expression.
For example, in India, the Supreme Court has taken numerous steps to promote and safeguard human rights. In Maneka Gandhi v. Union of India (1978), the Supreme Court broadened the scope of the right to life under Article 21 of the Constitution, declaring that it includes the right to live with dignity, thereby making it a more inclusive and comprehensive protection of human rights. Furthermore, in Kesavananda Bharati v. State of Kerala (1973), the Supreme Court upheld the basic structure doctrine, reinforcing the idea that the Constitution’s core principles, including human rights, cannot be altered by constitutional amendments.
The judiciary also plays an active role in addressing human rights violations, including unlawful detentions, torture, and discrimination. In R.K. Dalmia v. Delhi Administration (1959), the Supreme Court expanded the right to personal liberty by stating that unlawful detention violates not just the letter of the law but also the spirit of human dignity. Through Public Interest Litigations (PILs), the judiciary provides a platform for ordinary citizens to seek justice in cases where their fundamental rights are violated, even if they are unable to afford expensive legal representation. This access to justice is an important aspect of human rights protection.
Judiciary and Democracy
A democratic system is based on the principles of participation, equality, freedom, and accountability. The judiciary has a critical role in safeguarding these principles by ensuring that the government and other institutions function within the constitutional framework and respect the democratic values that underpin society.
One of the most important ways in which the judiciary promotes democracy is through judicial review. Judicial review empowers the courts to scrutinize the laws passed by the legislature and actions taken by the executive. If any law or action is found to violate the Constitution or the rights of individuals, the judiciary can declare it unconstitutional, thereby preserving the integrity of democratic institutions. The Supreme Court of India, in cases such as Minerva Mills Ltd. v. Union of India (1980) and S.R. Bommai v. Union of India (1994), has emphasized the importance of preserving the balance between fundamental rights and the power of the state, ensuring that both are in harmony with the constitutional framework.
The judiciary also ensures accountability in a democracy. By acting as a check on the actions of the legislature and the executive, the judiciary ensures that no government or institution can wield excessive power. The courts hold the government accountable when it oversteps its legal bounds or disregards the rights of citizens. For instance, in State of Rajasthan v. Union of India (1977), the Supreme Court upheld the rights of citizens by striking down certain unconstitutional actions of the government, ensuring that the people’s rights are always protected.
Promoting Social Justice and Equality
In addition to protecting individual rights, the judiciary also plays an important role in promoting social justice and equality. Many marginalized and vulnerable groups, such as women, children, the disabled, and minorities, face systemic discrimination in society. The judiciary’s intervention is necessary to ensure that these groups have equal access to justice, and their rights are not overlooked or denied.
In India, the Supreme Court has made significant contributions to promoting social justice. The landmark Vishakha v. State of Rajasthan (1997) case, for example, dealt with sexual harassment in the workplace and resulted in the formulation of guidelines to prevent and address such harassment, thereby ensuring gender equality and protecting women’s rights. Similarly, in Delhi Domestic Working Women’s Forum v. Union of India (1995), the Court recognized the economic and social rights of domestic workers, who often face exploitation and abuse.
Judiciary and the Right to Information
The judiciary has also been instrumental in promoting the right to information, a critical component of democracy. Through judgments like State of Uttar Pradesh v. Raj Narain (1975), the Supreme Court recognized the right to information as part of the right to freedom of speech and expression under Article 19 of the Constitution. This judgment marked a milestone in ensuring transparency, holding the government accountable, and empowering citizens to be active participants in the democratic process.
