Evaluate the role of judiciary in safeguarding the rights and interests of the citizens.
From the resident’s perspective, judiciary is the most critical organ of the government since it goes about as their defender against the conceivable abundances of legislative and executive organs. Role of judiciary as the guardian-protector of the constitution and the fundamental rights of the civilians makes it more respectable.
Parliamentary democracy works on the principle of fusion of power and in the making of law, there is direct participation of the legislature and the executive, it is the judiciary that remains independent and strong safeguarding the interests of the citizens by not allowing the other organs to go beyond the constitution.
It acts, therefore, as a check on the arbitrariness and unconstitutionality of the legislature and the executive. Judiciary is the final arbiter in interpreting constitutional arrangements. It is in fact the guardian and conscience keeper of the normative values that are authoritatively allocated by the state. The nature of the democracy and development depends much on how the legal system conducts itself to sustain the overall socio-economic and political environment.
The modern judiciary in India derives its sources from the constitution, and acts as a check on the arbitrary decisions of the legislature and the executive. The Constituent Assembly foresaw the significance of Judiciary as a guardian of rights and justice.
While the Supreme Court is the highest court of law in India, whose decisions are equally binding on all, the High Courts and the Subordinate Courts ensure justice at the state and district levels respectively. The provision for judicial review and public interest litigation ensure that the rule of law is maintained, thereby providing for a dignified living and rightful concern for all.
But if we talk about the judicial reform, then the judiciary must find ways and means to clear. burgeoning pending cases. In this judiciary, as an organisation, needs specialisation and differentiation in order to solve the cases. Lok Adalats and tribunals must be made more effective. Judiciary must appoint judges on merit basis and all adhocism must go. As the Tenth Law commission has suggested, Constitutional Courts and the zonal courts of appeals may be constituted.
A working democracy requires an independent judiciary well co-ordinated by an effective executive and a responsible legislature.