Q3Indian Constitution
Question
Q.3. [CO2] (K2) What is the role of Judiciary in the government?
Answer
The Judiciary interprets laws and the Constitution, resolves disputes, protects fundamental rights through judicial review, and acts as a check on the legislature and executive to maintain the rule of law and constitutional supremacy.
The Judiciary is the third organ of government, headed by the Supreme Court of India at the apex, followed by High Courts at the state level and subordinate/district courts below them, forming a single, integrated judicial system. Its role in government is multi-fold: it interprets the Constitution and laws passed by the legislature, resolving ambiguities and settling disputes between individuals, between individuals and the state, and between different levels/branches of government (e.g., Centre-State disputes under Article 131).
Crucially, the judiciary exercises the power of judicial review, derived from Articles 13, 32 and 226, allowing it to strike down any law or executive action that violates the Constitution or infringes upon Fundamental Rights, thereby acting as the guardian and final interpreter of the Constitution. Through this power, courts have developed the 'Basic Structure Doctrine' (Kesavananda Bharati v. State of Kerala, 1973), holding that Parliament cannot amend the Constitution in a way that destroys its basic/essential features, thereby placing an important check on legislative supremacy. The judiciary also protects citizens' Fundamental Rights by issuing writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto) under Articles 32 and 226, provides an independent forum for redressal of grievances, and through Public Interest Litigation (PIL) has expanded access to justice for the underprivileged. The independence of the judiciary — through security of tenure, fixed service conditions, and separation from executive control — is considered essential to prevent misuse of power by the legislature or executive and to uphold the rule of law.
Beyond dispute resolution and constitutional review, the judiciary also has advisory functions (the President may seek the Supreme Court's opinion on questions of law or fact under Article 143) and supervisory authority over subordinate courts, ensuring uniform administration of justice across the country. This layered role — as adjudicator, constitutional guardian, and rights protector — makes the judiciary indispensable to the functioning of India's constitutional democracy.