It has been nearly six decades since we inherited a well-entrenched judiciary system from Britishers besides elaborate, codified, substantive, and procedural laws. Our Indian Judicial System has, time and again, stood the test of time since its inception.

The Indian Judiciary enjoys a very significant position since it has been made the guardian and custodian of the Constitution. It is a watchdog against violating fundamental rights guaranteed under the Constitution.

Borrowing the words of James Medison, one of the founding fathers of the American Constitution, we can say that the Judiciary in India is “truly the only defensive armour of the country and its constitution and laws.” If this armour were stripped of its onerous functions, it would mean “the door is wide open for nullification, anarchy, and convulsion.”

Read the blog post to get an in-depth idea about your role as a Civil Judge will impact Indian society. 

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Role of the Judiciary in Maintaining the Balance of Power

Please go through the below-mentioned points to know how our Indian Judiciary maintains the balance of power between the executive and legislature.

• One of the essential principles of just democratic governance is the presence of constitutional limits on the extent of government power. 
• Such limitations include regular elections, guarantees of civil rights of citizens, and an independent, impartial judiciary.
• All these limitations allow citizens to seek the protection of their rights and redress against government actions. 
• These restrictions make the other organs of Government accountable to each other and the people. 
• The power of the Parliament to expel its members in exercising its power, privilege, and immunity granted under Article 105 is also awaiting the decision of the Supreme Court. 

Role of the Judiciary in Preventing the Abuse of Power

Check here to learn how the Judiciary prevents the other two influential organs and their members from abuse of authority.

• A democratic government like India depends on its success in a system of free and fair elections monitored, regulated, and controlled by an independent agency. 
• We have a high-powered Election Commission as an autonomous body overseeing the electoral process. 
• Judiciary has made significant contributions through various pronouncements to plug loopholes and preclude the possibility of abuse by the participating candidates.
• Treating the right to vote at par with the freedom of speech and expression under Article 19(1)(a) of the Constitution and enforcing the “right to get information” as “a natural right,” in the case of the Association for Democratic Reforms 19, the Judiciary brought about major electoral reform.

Also Read: How to Prepare for Judiciary Exam 2022?

Role of Judiciary in Good Governance

Since the beginning of civilization, governance has been a part of human life. In the simplest of terms, what is “Governance ”? It means the process of decision-making by which decisions are implemented. 

Read the following points to know the role of the Judiciary in good governance. 

• Liberty and Equality have well thrived and survived in India due to the proactive role played by our Indian Judicial System. 
• In India, the rule of law is one of the most significant characteristics of good governance.
• It prevails because of support and assistance from an independent bar that has been fearless in advocating the cause of the underprivileged sections of Indian society.
• An independent judiciary is essential for preserving the rule of law and is the most crucial facet of good governance.
• The judicial system ultimately has a vital role in ensuring better public governance.
• There seems to be no area where the judgments of the Supreme Court have not played a significant contribution to governance, whether it be – the environment, gender justice, human rights, education, police reforms, minorities, elections, and limits on constituent powers of Parliament to amend the Constitution.
• Judiciary has played a valuable role in the development and evolution of society in general and in ensuring good governance by those holding reigns of power in particular.

Role of Judiciary As the Ultimate Protector of Fundamental Rights.

Check from the below-mentioned points how our Indian Judiciary places restrictions on the usurper of Fundamental Rights.

• Indian Judiciary has been proactive and has carefully and overzealously guarded the rights fundamental to the existence of human beings.
• Recently, the scope of the right to life has been enlarged to include the following.

1. Right to know
2. Right to live with dignity
3. Right to education
4. Right to a healthy environment
5. Right to education
6. Right to humane conditions of work
7. Right to shelter and social security
8. Right to adequate nutrition and clothing, and many more.

• The goal was achieved by filling the vacuum in municipal law by applying international instruments governing human rights wherever necessary.
• Over the years, the Hon'ble Supreme Court has consistently elaborated the scope of fundamental rights. 
• It has upheld the rights and dignity of individuals in the true spirit of good governance. 
• The Court has issued a range of directives for law enforcement, dealing with an array of aspects of executive action in general and police at the cutting-edge level in particular.

1. The Supreme Court in Hussainara Khatoon expressed dismay at the “travesty of justice” on account of under-trial prisoners spending extended time in custody due to unrealistically excessive bail conditions imposed by the police. It held that “the procedure established by law” for depriving a person of life or personal liberty under Article 21 also should be “reasonable, fair and just.”
2. In the Prem Shankar Shukla case, the Hon'ble Supreme Court found that using handcuffs and fetters on prisoners violates the guarantee of basic human dignity. It is part of the constitutional culture in India. Thus, it did not stand the test of Equality before the law under Article 14, fundamental freedoms under Article 19, and the right to life and personal liberty under Article 21.