The judiciary, from the nature of its functions, will always be at least dangerous to the political rights of the constitution; because it will be least in a capacity to annoy or injure them…the judiciary…has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will, but merely judgement; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgements.– Alexander Hamilton
These are the well-known terms that can be used to define Indian justice ‘s position in good governance. Judiciary is a branch of government administering justice by statute. The definition used here generally refers to the Courts, prosecutors , judges, adjudicators and other personnel running the program. The Indian judiciary administers the common law system where statutes, customs and precedents where land law is codified.
India’s constitution defines India’s legal structure consisting of the Supreme Court , High Court, District court, or court of subordination. In the judiciary there is a division of powers, from which one may represent effective governance, since power is divided between three branches of government: Parliament, executives and judiciary. The parliament’s most important position in the Indian judiciary is to make laws for the society, the laws shall be enacted and enforced by the executives and the law shall be fully then used in particular cases by the courts. These three branches remain independent frpm each other.
India’s judiciary strives to the best of its ability to reduce corruption and ensure that the thoughts and viewpoints of vulnerable are heard and held in mind. The judiciary also takes responsibility for the Present and potential community needs. We want the judiciary to ensure effective and appropriate governance so we need to understand what good governance is . it is an indeterminate concept used in Global policy forums for explaining how public bodies manage public relations and public administration Resources and the decision taking process and the mechanism through which decisions are or are not enforced we also engage in good governance, as Kauffman said: “The judiciary is the most costly system ever invented for finding out what happened and what to do about it.”
The other significant role of the judiciary in maintaining good governance in India is that first of all, justice should be given and It is the judiciary’s primary role to provide justice to people as they approach. It punishes those who are found guilty after conviction of violating State laws or rights of men. The aggrieved people can seek damages and compensation in court. Indian courts are divided mainly into three levels according to the judiciary which are:
- Supreme Court:- it is the apex court of India. It is the guardian of the constitution and provides justice to all as it is the last resort for justice in our country and hence decision by supreme court is final and binding.
- High court:- every state has its own high court and is the highest court in the state. At present we have 24 high courts including 3 common hight courts.
- District Court:- it is the lowest in hierarchy. Each state is divided into many districts which has its own district court. If any dispute arises in the region the citizens go to the district court.
Secondly , the Indian judiciary applies and elucidates roles in specific areas . Each and every law has a proper interpretation to be applied in specific areas. The judges perform this function meaning that whatever the judges will interpret it will mean. In providing good governance it is the responsibility of judiciary to protect the rights of the people. It is the right of the citizen to seek the shielding of the judiciary if his rights are being contravened or threatened to be contravened by any of the fellow citizen or any kind of private organizations or by any of the government. One of the major role of judiciary is that under this the court of law in India can initiate and enforce action for securing any significant public or general interest which is being adversely affected or is likely to be so by the action of any agency , public or private this system is known as public interest litigation system
The role of judiciary in ensuring good governance lies in the fact that justice is a source of confidence and temperament. The common man is reliant on the judiciary for justice. It enjoys great significance in People’s eyes as it serves as a justice provider, securing people’s rights, protector of the constitution etc.
In addition to the above main roles, some other roles also serve in providing good governance. Even those roles include appointing some local court members, selecting clerical officers and others Workers. Licensing, patent and copyright proceedings, appointments of guardians and trustees, to acceptance of wills etc. Through all the functions plays an important role in each state. It also plays a part in the evolution of the constitution by exercising its right to read and safeguard it against all the legislative provisions and excesses at the executive level.
Judicial organization is also one of the roles of the judiciary in ensuring good governance that it must have prevented the executive and legislative branches from committing abuses of power secondary to the judiciary’s ability with the judiciary must also ensure full, fair and less independent administration of the judiciary Costly incentives for the people to protect their right and to get justice. There’s plenty of task that can be assured of a well-organized and autonomous judiciary.
One thing we can certainly tell through this essay is that the Indian judiciary ensures our country is protected with good governance by whatever means possible. Together with the legislature and the executive the judiciary serves as one of the three foundations underpinning democracy. A people-driven democratic government For the people , people need a powerful and impartial judiciary to uphold the rights of the people. That is how judiciary is democracy’s most powerful pillar. Accordingly, to conclude that the above points threaten the position of the judiciary in ensuring successful governance over India. Also, the Indian judiciary’s main role in ensuring good governance is that Democracy and democracy are ultimately lost. As mentioned in “An autonomous judicial system does not mean judges Regardless of the constitution from which they derive their power, or whatever the laws they are Vowed to uphold.”
Author: ADITYA GUPTA,
Manipal University Jaipur & 2nd year