DashoVidya IAS–Syllabus Affairs

Polity (November, 2021)

TOPIC – ROLE OF JUDICIARY

Issue in brief – During their address at the Constitution day celebrations, India’s President and CJI
made critical remarks regarding ‘discretion of the judges exercised in the courtroom’ and ‘lawmakers’
respectively. CJI remarked that people misunderstand the role of Judiciary and second he said that
lawmakers do not assess the impact their laws will have on society. While President Ram Nath Kovind
said that judges must exercise ‘utmost discretion’ while making utterances in courtrooms.
https://www.thehindu.com/news/national/lawmakers-ignore-impact-of-laws-on-society-
chief-justice-of-india/article37723532.ece

Where in Syllabus:
GS2: Structure, Organisation and Functioning of the Executive and the Judiciary

❖ What is the role of Judiciary and how it affects democracy?

• Judiciary is an important organ of the
government.
• It plays an important role in
interpreting the Constitution, hence it
is also called the guardian of the
Constitution.
• Judiciary is very important for
protecting our rights.
• Independence of the judiciary from
other organs of the state reflects the
extent of democracy in the society.
• Checks and balances mechanism:
Judiciary encompasses checks and
balances mechanism for executive
and legislature to maintain the basic
structure of the Constitution, hence protects democracy in the nation.

❖ What is the relation between Judiciary, Executive and Legislature?

• The general perception is that securing justice is the responsibility of the Judiciary alone. However,
all the three organs of the State are responsible for upholding the commitment to secure social,
economic, and political justice to all the citizens.
• Even though judiciary is independent from executive and legislature, appointment and removal
process of judges can influence their working.
• SC advises the President on matters of public importance and law, though it is not binding in nature.
❖ What are the issues being faced by the judiciary and the executive?
• If the legislatures does not conduct studies or assess the impact of the laws that it passes, then
judicial intervention becomes inevitable.This year there have been SC intervention in various cases
like vaccination programme for COVID-19, distribution of oxygen in Delhi during the pandemic,
setting expert committee to enquire into Pegasus spyware allegations and Lakhimpur Kheri killing
of farmers and civilians.

DashoVidya IAS, email id: dashovidya.upsc@gmail.com; Telegram: https://t.me/DashoVidyaIAS 1

Contact no - 8595852855
 DashoVidya IAS–Syllabus Affairs
Polity (November, 2021)
• Indiscreet remarks given by the judges can lead to dubious interpretation hence inefficient
implementation of the court’s ruling.

❖ What is the misconception prevalent among people?

• Many people wrongly believe that courts make the law, but their main role is to decide the
constitutionality of the law.
• Courts intervention should not be seen as a usurpation of the government’s authority, but as a guide
in following the constitutional path.
• Courts are not representative bodies, hence their judgements should be independent from popular
demand.

❖ What can be way ahead?

• There is an urgent need to raise awareness about the Constitution- the rights and duties of citizens,
as well as the roles of other co-ordinate branches of the State.
• The Government of India launched a video series aimed at educating children about the
Constitution. To take it to the larger population, more such materials need to be made available in
all the Indian languages.
• Every dynamic public institution needs to constantly evolve and innovate in order to keep pace
with changing times. The Supreme Court of India also should look into reformed and innovative
ways, to meet the challenges.

Basic terms/ related concepts:

• Judiciary: It is an independent body to safeguards rights of the individual and settles disputes in
accordance with the principle of rule of law.
• Executive: The word executive means a body of persons that looks after the implementation of
rules and regulations in actual practice.
• Legislature: Legislature is a law making body, its members are elected by people hence it also a
representative body which work on behalf of the people.
• Democracy: A form of government in which supreme power is vested in the people and exercised
directly by them or by their elected representatives.

Practice questions –
Prelims:
Q. Which of the following organs of government is said to be the “guardian of the Constitution”?
a) Judiciary
b) Executive
c) Legislature
d) President

Answer: (a)
Mains: (Level – Moderate)
Q. Discuss the role of Judiciary in establishing a democratic society. (10 marks, 200 words)

DIY:
https://www.thehindu.com/news/national/judges-should-maintain-utmost-discretion-while-making-
utterances-in-court-rooms-president/article37727988.ece
https://www.thehindu.com/news/national/article37715798.ece/BINARY/JusticeRamanaSpeech.pdf

DashoVidya IAS, email id: dashovidya.upsc@gmail.com; Telegram: https://t.me/DashoVidyaIAS 2

Contact no - 8595852855