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Role of Judiciary in Good Governance
Role of Judiciary in Good Governance
Introduction
As the guardian and custodian of the Constitution, India's judiciary has assumed a vital role. It
not only acts as a watchdog against violations of fundamental rights guaranteed by the
Constitution, protecting all people, citizens and foreigners alike from discrimination, abuse of
state power, arbitrariness, and so on, but, in the words of one of the American Constitution's
founding fathers, James Medison, the Indian judiciary is "truly the only defensive armor of the
country and its constitution and laws. If this armor’s onerous functions were removed, "the path
to nullification, anarchy, and convulsion would be wide open.”
As a result of the proactive role played by the Indian courts, liberty and equality have persisted
and thrived in India. The rule of law, one of the most important characteristics of good
governance, prevails in India because the country has an independent judiciary that has been
sustained, among other things, by the support and assistance of an independent bar that has been
fearless in advocating for the underprivileged and deprived and those sections of society that are
either unaware of or unable to secure their rights due to various handicaps.
The presence of constitutional constraints on the scope of government power is one of the most
important elements of just democratic governance. Periodic elections, civil rights guarantees, and
an independent judiciary are examples of such constraints, which allow citizens to seek
protection of their rights and recourse against government actions. These restrictions aid in the
accountability of government branches to one another and to the public. An independent
judiciary is critical for maintaining the rule of law and, as a result, is the most crucial aspect of
good governance.
V. Writ Jurisdiction
According to Articles 32 and 226 of the Indian Constitution, which grant the Supreme
Court and High Courts, respectively, writ jurisdiction for the enforcement/protection
of an individual's fundamental rights, a person whose rights have been violated by an
arbitrary administrative action may seek appropriate redress from the Court. These
are the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari Quo Warranto.
Conclusion
The Indian judicial system is a prime example of how the judiciary may improve governance.
While it may be appropriate for the courts to give the executive's opinion due deference, any
State action that violates a person's personal freedoms or fundamental human rights must
invariably be subject to judicial review based on conclusive evidence in accordance with the
law and through a fair procedure. It is reassuring to witness that the two other major state bodies
of India have consistently acknowledged the judiciary's authority to subject every State action to
"judicial review" and have either complied with or taken the required steps to support that
authority.