Introduction

The judiciary is one of the three core pillars of Indian democracy, alongside the executive and legislature. It ensures that the Constitution is upheld, citizens' rights are protected, and justice is delivered fairly. The judiciary not only resolves disputes but also plays an important role in maintaining the rule of law and protecting democracy.

The Role of Judiciary in Strengthening Democracy

Guardian of the Constitution: The judiciary ensures that all laws and government actions comply with the Constitution. It interprets constitutional provisions and upholds the rule of law.

Protector of Fundamental Rights: The judiciary is a protector of the fundamental rights guaranteed by the Constitution. It ensures that no law or government action violates the basic rights of the people. For example, in the Maneka Gandhi case (1978), the Supreme Court expanded the scope of the right to personal liberty under Article 21 and made it more comprehensive. In the Right to Privacy (2017) case, the Supreme Court ruled privacy as a fundamental right under Article 21.

Judicial Review: The judiciary has the power of judicial review, which means it can check whether a law passed by the Parliament is constitutional or not. This ensures accountability of all government actions. This maintains the balance of power in a democracy.A landmark case, Kesavananda Bharati (1973), established the "basic structure" doctrine, ensuring that no amendment can alter the fundamental framework of the Constitution.

Promoting Accountability and Transparency : Judiciary ensures that the actions of the executive and the legislature remain within the boundaries of the law. For instance, in the public interest litigation (PIL) system, ordinary citizens can approach the courts to challenge government decisions. This empowers citizens and strengthens democracy by making the government more responsive to the needs of the people. PILs have led to reforms in areas like the environment, corruption, and election transparency.

Ensuring Free and Fair Elections: The judiciary regulates electoral practices, ensuring transparency and fairness. In a landmark judgment on 15 February 2024, the Supreme Court struck down the Electoral Bonds Scheme as unconstitutional, promoting transparency in political funding.

Independent and Impartial: A free judiciary builds public trust and strengthens democratic institutions by ensuring justice without bias or influence.

Challenges Faced by the Judiciary

Despite its vital role, the judiciary faces significant challenges. Case backlog is one of the major concerns. Additionally, there is a lack of adequate infrastructure, resources, and judicial appointments, and political interference which further slow down the process.

Conclusion

To make the judiciary empowered and independent, ensure transparent and merit-based judge appointments, protect it from political interference, provide adequate funds and staff, reduce case backlog, uphold judicial accountability, and respect the separation of powers in a democratic system. A fair and independent judiciary fosters trust in the system and helps preserve the democratic values enshrined in the Constitution.