Detailed Summary of Introduction
The judiciary in India plays a crucial role beyond merely resolving disputes between private parties; it is fundamental in maintaining the rule of law and political oversight within the government structure. Notably, the Supreme Court of India is regarded as one of the most powerful judicial bodies globally. Since the adoption of the Constitution in 1950, the judiciary has been instrumental in interpreting its provisions and protecting fundamental rights. This section emphasizes the need for an independent judiciary, which means that it should function free from the pressures of the executive and legislature.
The independence of the judiciary ensures that all parties, regardless of their social status or wealth, are treated equally under the law. This independence is reinforced by various constitutional provisions that safeguard judges' tenure, decision-making authority, and financial independence from the political framework. Importantly, the judiciary is responsible not only for protecting individual rights but also for interpreting the Constitution in a way that upholds democracy and lawful governance.
Expectations from the judiciary include protecting the rights of individuals, settling disputes impartially, and ensuring that the democratic process does not lead to tyranny by the majority. The relationship between the judiciary and Parliament is characterized by tensions around the appointment and removal of judges, highlighting the balance of power within a democratic framework.