Judiciary in a Democracy
The judiciary plays a crucial role in a democratic setup, functioning as the guardian of the Constitution and protector of individual rights. It consists of various levels of courts, including the Supreme Court, High Courts, and lower courts. The Supreme Court serves as the highest court of appeal and has the power to interpret the Constitution, potentially invalidating any laws or government actions that contradict it.
Independence of the Judiciary
One of the foundational principles of a strong judiciary is its independence from the legislative and executive branches of government. This independence is essential for fair administration of justice, as judges should not be influenced by political pressures or government directives. Judges in India are appointed by the President based on the advice of the Prime Minister, and once appointed, they have strong job security, making it challenging to remove them. For instance, a judge can only be impeached through a rigorous process involving a two-thirds majority in both Houses of Parliament.
Powers of the Judiciary
The judiciary not only interprets laws but also has the authority to review legislation and actions to ensure they align with constitutional provisions. This process is known as judicial review. The Supreme Court has established itself as a powerful entity, often ruling on significant issues involving fundamental rights and public interest litigation, allowing citizens to approach the courts if they believe their rights are violated. This comprehensive power structure underscores the judiciary's role in acting as a check on government power, which is vital for maintaining democratic integrity.
Guardians of Rights
Judges also play an essential role in protecting individual rights and public interest, intervening when government action might infringe on these rights. Through landmark cases, Indian courts have issued rulings that have shaped public discourse and emphasized the importance of rights like the right to privacy, education, and health.
In conclusion, the judiciary is a pivotal institution that, through its independence and powers, upholds the Constitution and ensures justice, making it indispensable for the functioning of democracy.