The judiciary plays a crucial role in any democracy. It is considered one of the three pillars of democracy along with the legislature and the executive. It acts as a check on the other two, making sure that they don’t cross lines they’re not supposed to. Today, the judiciary in India has become more prominent and highly active. India is passing through a phase of judicial activism and sometimes the judiciary itself takes cognizance of a case for the larger interest of the public and the nation. It also plays a significant role in instilling the fear of law, keeping corruption and the law and order situation under control.
- 1) Long and Short Essay on Role of Judiciary in the Country Today
Long and Short Essay on Role of Judiciary in the Country Today
Essay on Role of Judiciary in Indian Democracy (250 words)
Indian democracy is held up by three pillars – the executive, the legislature and the judiciary. Each system is complementary to the other two, at the same time acting as checks and balances to them. As per the Constitution of India, the judiciary is the most independent out of the three and is given a wide range of powers so that it is capable of offering justice freely and fairly.
Role of Judiciary
The Indian judiciary’s role has become evident in the last few years because of the scams brought to light that involved bureaucrats and many political leaders. Scams such as the Fodder scam, the Hawala scam, and the Telecom scandal involved charges of corruption by some of the top leaders of the land. While some were acquitted, many more are still being tried. Some have been convicted and jailed while others were forced to resign due to public pressure.
It is obvious that without a system in place to check them, top leaders would have tried to exercise undue influence to hide their misconduct. As it is, lobbying groups with vested interests tried to tarnish the image of the judiciary. They even went so far as to insinuate that the judicial system was working against the interests of the country and its people.
Clearly, the role of the judiciary is critical to our country today. As the scams have demonstrated, we cannot always rely on our leaders to behave as they must or do what they must. Too many of them have proven to be corrupt and hungry for power in ways that trample the rights of ordinary citizens and even break the laws of the land. The judiciary is the only body that can hold them in check and mete out free and fair justice that they deserve.
Essay on Judiciary of India (350 words)
In India, the judiciary is the multi-tier system with the Supreme Court at the top, High Courts at the state level and District Courts at the district level. It is an independent system and has often been called the guardian of the Constitution and the fundamental rights of Indian citizens. It follows the common law system meaning that the law of the land is formed by customs, legislation, and precedents.
What it Does
The interpretation of the Constitution lies in the hands of the judiciary. Its mandate comes from the Constitution, that mandate being that neither the executive nor the legislature can pass any acts without those acts being overseen by the judiciary to ensure that they are in compliance with the Constitution. If there are conflicts between two or more states or between the state and central governments, the judiciary balances the power between them based on the Constitution.
The Constitution ensures that the judiciary is a separate and independent body. No one is allowed to influence it to be the citizens, other branches of states or even interest groups. No members of the legislature or executive can suggest the names for judicial appointments. The names are recommended by the collegium of the judiciary and the President determines the appointees. Similarly, the judges of the Supreme Court cannot be removed from office unless it is proved that they have committed misconduct or are no longer capable of carrying out the role. Even then, it requires a two-thirds majority in either one of the houses.
The makers of the Constitution realized that the executive and the legislature required checks and balances from a body that would be completely independent of them so as to minimize the undue influence that those two bodies might exercise on their own behalf. The Indian judiciary plays that role and ensures that those two bodies do not overstep their bounds and interfere with what is laid down in the Constitution or with the fundamental rights guaranteed to the citizens of India.
Essay on Importance/Role of Judiciary in Democratic Country (350 words)
Together with the executive and the legislature, the judiciary acts as one of the three pillars that uphold democracy. A democratic government that is ‘of the people, for the people and by the people’ needs a judiciary that is strong and independent so that the rights of the people do not get trampled upon by those in power. Therefore, the judiciary becomes the most important pillar of democracy.
Importance/Role of Judiciary in Democratic Country
In a democracy, citizens get certain inalienable rights without any prejudice or discrimination. However, power does corrupt and the elected representatives of the people can be prone to trampling on these rights in order to consolidate or increase their power. In such situations, the only places citizens can go to get justice are the courts.
The rights guaranteed by the Constitution to the citizens of a democracy are its lifelines. Therefore, to uphold a democratic system these rights need to be protected and this is where the judiciary comes in. If someone feels that their fundamental rights or other rights have been violated, they can seek justice in a court of law.
The judiciary can, under certain circumstances, order the government to take certain actions that it believes will uphold the values of democracy. This includes telling central or state governments to stop partisan activities. It can also question the reasoning behind actions that it believes are uncalled for.
These situations illustrate that democracy will collapse almost immediately if there is no judicial system or if the judicial system in place is subservient to the executive or the legislature or both. Those in power don’t like to give it up easily. Without a judiciary, there will be no checks and balances on the powerful and citizens will suffer for it.
Without a judiciary that is independent, democracy is inevitably doomed. All systems need checks and balances and the judiciary provides these so that the rights of the citizens aren’t trampled under the machinations of the power-hungry. The role of the judiciary in a functioning democracy is a vital one, without which a democracy just won’t work.
Essay on Role of Judiciary in Indian Democracy (400 words)
The Supreme Court is at the apex of the Indian judicial system, followed by the High Courts at the state level, the District Courts at the district level and a number of local courts below them. The judiciary of India is independent of the legislative and the executive so that it can safeguard the interests of the people. It also ensures that any legislation that violates the Constitution is struck down. However, these aren’t the only roles it performs.
Role of Judiciary in India
Several functions and roles that don’t fall under the purview of the Criminal or Civil codes are also enacted by the judiciary. Some of these roles and responsibilities are:
- Making New Laws – By virtue of its position as the interpreter of the Constitution and existing laws, the judiciary can create new laws. This is done by setting precedents and then following those precedents in later cases. The judiciary also has the power to overrule precedents that may violate the Constitution.
- Preventing the Violation of Law – When someone is accused of violating the law, a lawsuit is brought against them. A judge then listens to both parties and determines whether the law has indeed been violated and, if so, how the accused should be punished.
- Deciding on Constitutional Questions – Constitutional questions are usually decided by the Supreme Court. These can include Constitutional disputes between states or between a state and the Union. When such cases are brought in front of the Supreme Court, it decides how the Constitution should be interpreted with regards to the dispute.
- Administrating – Apart from judicial duties, judges also perform certain functions related to administration. These functions include appointing officers, maintaining records, administering staff or superintending over lower courts.
- Advising – There are times when the executive or the legislature turns to the judiciary to get clarity on constitutional points. In such cases, the judiciary acts as an advisory body.
- Protecting Fundamental Rights – The fundamental rights given to Indian citizens by the Constitution and the law of the land are under the protection of the judiciary. If a court believes that a new law will violate these rights, it has the power to declare such a law invalid.
It is clear that the role of the judiciary is a crucial one. There have to be checks and balances on those in power. The judiciary takes on that role. It also acts as arbiter and advisor to the Union and the states, to the legislature and the executive. These roles and functions become critical to upholding democracy.