ques- explain the role of judiciary with special reference to

judiciary.

In a democracy, the Constitution reigns supreme, with the Judiciary

serving as its guardian. Democracy allows people to participate in
decision-making through elected representatives or direct
involvement. The separation of powers divides governance into
three branches: the Legislature makes laws, representing public
interests; the Executive enforces laws, led by a President or Prime
Minister; and the Judiciary interprets and applies laws, ensuring
constitutional compliance and safeguarding rights. This separation
prevents the concentration of power.As a safeguard against
potential violations of the Rule of Law, an independent Judiciary
provides the guarantee that justice is carried out impartially.Various
provisions have been included in the Indian Constitution to ensure
an independent Judiciary. This include appointment of judges, salary
and allowances, procedures on removal and even the power to
penalise in case of violation of law. The importance of an
independent Judiciary is highlighted for various reasons. Firstly, the
Judiciary serves as the first line of defence against any excessive or
unauthorised power of the Executive or the Legislative branch,
providing a system of checks and balances. Furthermore, the
Judiciary examines and if needed, invalidates any law that violates
the Indian Constitution by declaring it null & void. This prevents any
centralisation of power. An impartial judicial system is essential for
defending the rights of minorities & other marginalised groups in a
multicultural and diversified nation like India. In addition, a strong
independent Judiciary is essential to maintaining the Rule of Law. It
ensures that everyone is governed by the same set of laws,
irrespective of their position or power. The Judiciary has the power
to review any law or executive action that it considers violating the
provisions of the Constitution. This power is exercised through the
process of judicial review, which is the power of the Judiciary to
declare a law or executive action unconstitutional. This power of
judicial review has been instrumental in shaping the Constitution of
India and ensuring that the provisions of the Constitution are
implemented effectively. Judicial review is adopted by the
Constitution of India from the Constitution of the USA.
In India, judicial review is broad in scope and deals with a variety of
issues. The Supreme Court has the power of Judicial Review in
various ways, including when there is a conflict between the Centre
and States, or when there is a violation of the jurisdiction exercised
by the Legislature and Executive. Most importantly, the Supreme
Court is the guardian of Fundamental Rights. It protects the
fundamental rights of Indian citizens, through issuing various writs
provided under Article 32. Some landmark cases are as follows;
Keshavananda Bharati vs. State of Kerala (1973)
An important turning point in Indian constitutional history was
highlighted by this landmark case when the Supreme Court
established the "basic structure doctrine." The Court ruled that
although Parliament has the authority to amend the Constitution, it
cannot change its basic structure. This historic decision outlined
basic principles that serve as the cornerstone of Indian
constitutionalism.
Indira Gandhi vs. Raj Narain (1975)
In this instance, the Supreme Court rendered a significant decision
that made the proclamation of an emergency in India unlawful. The
Court's ruling upheld the fundamental idea that nobody- not even
the Prime Minister is above the law and the Constitution.

Vishakha vs. State of Rajasthan (1997)

This significant case involved workplace sexual harassment and
prompted the creation of guidelines (known as the Vishaka
guidelines) to address and avoid it. Through this ruling, the Court
closed a gap in the law and set the stage for legislation to deal with
workplace harassment.
Union of India v. Navtej Singh Johar (2018)
By invalidating Section 377 of the Indian Penal Code, which
classified homosexuality as a crime and described it as ‘carnal
intercourse against the order of nature’, the Supreme Court in this
case decriminalised homosexuality. The ruling marked a key turning
point in the acceptance of the LGBTQ+ community's rights.

Judicial Activism and PIL

Judicial Activism, born in the United States, empowers the judiciary
to proactively protect citizens' rights by going beyond rigid
interpretations of laws or the Constitution. It bridges legislative
gaps, ensuring the safeguarding of fundamental rights when the
legislature falls short. It adapts legal principles to evolving societal
needs and acts as a check on executive authority, preventing
overreach. This activism defends democracy, minorities, and
marginalized groups while promoting equality, social justice, and
good governance.
Public Interest Litigation (PIL) in India empowers citizens to
address issues affecting the public at large, not just individually. The
judiciary has actively used PILs to champion environmental
protection, sustainable development, and wildlife preservation. It
has been instrumental in upholding individual liberties, including
the right to privacy, freedom of speech, and combating
discrimination. Landmark judgements have also advanced
education, women's rights, and decriminalized homosexuality,
leading to significant social change.
Challenges
Judicial Activism vs. Separation of Powers: Critics argue that
Judicial Activism could weaken the separation of powers, leading to
Judicial Overreach when the Court obstructs the legislative and
executive branches.
Backlog of Cases: The Indian judicial system faces a significant
backlog of cases, delaying justice and eroding public confidence.
While some reforms have been initiated, more extensive changes are
needed.
Access to Justice: Many Indians, especially disadvantaged groups,
struggle to access legal services due to factors like limited legal
knowledge, financial constraints, and inadequate infrastructure. To
address this, efforts are needed to enhance legal literacy, provide
affordable legal assistance, and make the legal system more user-
friendly.
In conclusion, the Judiciary is a crucial component of Indian
democracy and plays a far larger role than simply reading the law. It
is the foundation of justice, defending personal freedoms, enforcing
responsibility, and supporting the Rule of Law. However, issues still
exist, including the need for better accessibility and the backlog of
cases. A dynamic democracy like India must keep improving its
judicial system, promoting transparency, and fortifying the systems
that provide justice for all. The Court will continue to flourish as a
bulwark of democracy through such initiatives, directing India
toward a future of justice, equality, and the preservation of
democratic ideals.