The unsaid role of judiciary in Indian system

During 1947-50, when majority of the members of the Indian constitution drafting committee were busy framing the contours and guidelines of our broad exhaustive constitution, which we today irrevocably admire, there was a still a section of members in that committee who were skeptical about the degree of independence and power that had been granted and endowed to the judicial system. Those members were basically concerned about the extreme powers that were handed out to the judiciary that it could even supersede and repudiate the govt. of the day or any other constitutional/ statutory body except for the honourable president on certain issues. Their claims that concentrating so much power in a single body/institution would lead to dictatorial rule in India, raised many eyebrows among certain sections of the society. But, it was the grit determination and the resilience of the members on the other side who persuaded those skeptics in favour of the need of a powerful judiciary. 

Today, those who endorsed a powerful judiciary at that time stand vindicated. Their foresightedness regarding the preeminent role that judiciary would be playing down the years in the Indian system now stand validated. Today, judiciary in India, apart from its normal functions of promoting social justice and equality of law, is playing an important role in protecting the constitutional rights of the people. The recent active participation of the judiciary in compelling the executive and legislature to do its work properly comes across as a harbinger of hope in this era of inefficiency and mis-governance. Whether it was the judgement giving the right of “NOTA” to the voters or the judgement prohibiting the convicted people from fighting the elections or the judgement asking the govt. to set up a standing committee to review the corruption cases or the judgement lambasting the govt. for its indifference to women security, the cases are many where the Indian judiciary has stood up for the rights of the people against the incompetent and inert governance. 

Some people might criticize judiciary for constantly encroaching on the rights of executive and legislature or for interfering with the functioning of the govt., but what one would expect judiciary to do if the executive and legislature are not performing their duties properly. Surely, judiciary can’t just sit back and see people suffer at the incompetence of executive and legislature. There is a fine distinction between encroaching on somebody’s rights and asking somebody to perform their duties properly. If executive and legislature had been more vigilant on these issues or concerned about the rights of the people, judiciary wouldn’t have felt compelled to interfere in their functioning. There are not many institutions in this country on which people from all sections put their trust. Judiciary has been able to garner the confidence of the people because of the way it has handled itself in the last 60 years, and I hope it continues to do so because this country deserves atleast one institution of credence.