The Judiciary System

INTRODUCION

The Judiciary plays a very important role as a protector of the constitutional values that the founding fathers have given us. They try to undo the harm that is being done by the legislature and the executive and also they try to provide every citizen what has been promised by the Constitution under the Directive Principles of State Policy. All this is possible thanks to the power ofjudicial review by the judiciary.However, all this has not been achieved in a day; it took 50 long years for where we are right now.If one thinks that it is has been a roller coaster ride without any hindrances they are wrong as judiciary has been facing the brunt of many politicians, technocrats, academicians, lawyers etc. Few of them being genuine concerns, and among one of them is the aspect of corruption and power of criminal contempt. In this paper we would try to highlight the ups and downs of this greatest institution in India.

In the framework of a Constitution which guarantees individual Fundamental Rights, divides power between the union and the states and clearly defines and delimits the powers and functions of every organ of the state including the parliament, judiciary plays a very important role under their powers of judicial review.Courts are regarded as the interpreters as well as the guardian of the Constitution. Judiciary must see that the Constitution is not violated by any organ of the government. In ultimate analysis, it must be said that the word of the Apex court as to what the constitution means, must prevail.A written constitution may seek to put formal restraints upon the abuse of power, which may be lacking in an unwritten constitution.The basic function of the courts is to adjudicate disputes between individuals and the state, between the states and the union and while so adjudicating, the courts may be required to interpret the provisions of the constitution and the laws, and the interpretation given by the Supreme Court becomes the law honored by all courts of the land. There is no appeal against the judgment of the Supreme Court.Being the guardian of Fundamental Rights and the arbiter of constitutional conflicts between the union and the states with respect to the division of powers between them, the Supreme Court stands in a unique position where from it is competent to exercise the power of reviewing legislative enactments both of Parliament and the State Legislatures.This is what makes the court a powerful instrument of judicial review under the Constitution. As Dr. M.P. Jain has rightly observed: "The doctrine of judicial review is thus firmly rooted in India, and has the explicit sanction of the constitution."And as is observed by Dowling, “The study of Constitutional law…..may be described in general terms as a study of the doctrine of judicial review in action.”

Judicial Review has two prime functions- first, Legitimizing government action and second,