Judicial Power

In any democratic society, the doctrine of separation of powers is fundamental to preserving liberty, justice, and governance. Among the three pillars of democracythe legislature, the executive, and the judiciarythe judicial power holds a unique position. It is the judiciarys responsibility to interpret the law, protect individual rights, and ensure that laws and government actions conform to the constitution.

Judicial power refers to the authority vested in courts and judges to hear cases, interpret laws, settle disputes, and ensure justice is delivered impartially. In a constitutional democracy like India, judicial power also acts as a check on the actions of the legislature and executive.

What Is Judicial Power?

Judicial power can be broadly defined as the legal authority of the judiciary to interpret and apply the law, adjudicate legal disputes, and ensure the enforcement of laws. It includes both civil and criminal jurisdiction and extends from lower courts to the highest courts in the land.

In constitutional terms, judicial power is often interpreted as the power to:

• Interpret laws and the constitution

• Protect fundamental rights

• Invalidate unconstitutional laws

• Resolve disputes between individuals, organizations, or governments

• Enforce legal obligations

This power is essential to ensure that no law or executive action infringes upon the rights of citizens or violates constitutional provisions.

Judicial Power in the Indian Context

In India, judicial power is conferred by the Constitution of India, primarily through Articles 124 to 147 (for the Supreme Court) and Articles 214 to 231 (for the High Courts). The judiciary in India is independent and hierarchical, with the Supreme Court at the top, followed by High Courts in states and various subordinate courts.

India follows a common law system, and the judicial power here is wide-ranging. It includes original jurisdiction, appellate jurisdiction, advisory functions, and the power of judicial review.

Key Functions of Judicial Power in India:

1. Interpretation of Law and Constitution
   One of the most important functions of the judiciary is to interpret the Constitution and statutes. The court gives meaning and clarity to laws that may be ambiguous or contested.

2. Protection of Fundamental Rights
   Through writ petitions under Article 32 (Supreme Court) and Article 226 (High Courts), the judiciary has the power to protect the fundamental rights of citizens.

3. Judicial Review
   Judicial power allows courts to review the constitutionality of legislative acts and executive orders. If a law or order violates the Constitution, the court can strike it down.

4. Dispute Resolution
   Courts settle disputes between individuals, organizations, and even between states or the central and state governments under Article 131.

5. Public Interest Litigation (PIL)
   PIL has broadened access to justice by allowing any public-spirited person to approach the court on matters of public concern.

Judicial Power and the Doctrine of Separation of Powers

The separation of powers is a principle where the powers of the government are divided among the legislature, executive, and judiciary. Judicial power plays a key role in this structure:

• It acts as a check and balance against potential overreach by the legislature or executive.

• It ensures that laws made by the legislature are constitutionally valid.

• It reviews whether executive actions are within legal bounds.

While the judiciary does not make laws or execute them, its interpretations significantly impact public policy and governance.

Judicial Independence and Accountability

For judicial power to function effectively, judicial independence is critical. Judges must be free from external pressures, political influence, or bias. India has made several provisions to ensure judicial independence:

• Security of tenure for judges

• Fixed service conditions not alterable to a judges disadvantage

• Power to punish for contempt of court

• Prohibition on post-retirement government jobs (except certain constitutional positions)

• Financial autonomy

At the same time, the judiciary must also be accountable. Mechanisms like judicial conduct rules, the in-house procedure for complaints, and the collegium system for appointments are aimed at maintaining both independence and accountability.

Judicial Overreach vs Judicial Activism

In exercising judicial power, courts sometimes enter areas traditionally reserved for the legislature or executive. This leads to debates around judicial activism and judicial overreach.

Judicial Activism

This is when courts take a proactive approach to deliver justice, especially in areas where the other branches of government have failed. PILs and progressive rulings on environmental protection, womens rights, and corruption are examples of judicial activism.

Judicial Overreach

This occurs when the judiciary is perceived to exceed its mandate and intrude into legislative or executive domains. Critics argue that this disturbs the balance of power and undermines democracy.

A fine balance is necessary to ensure that judicial power is used responsibly, promoting justice without breaching institutional boundaries.

Landmark Cases Reflecting Judicial Power in India

Several landmark judgments in India highlight the immense judicial power exercised by the courts:

Kesavananda Bharati v. State of Kerala (1973)

The Supreme Court ruled that the basic structure of the Constitution cannot be altered by Parliament. This doctrine still serves as a bulwark against arbitrary constitutional amendments.

Maneka Gandhi v. Union of India (1978)

This case expanded the interpretation of Article 21, stating that the right to life and personal liberty includes a right to travel abroad, among others.

Vishaka v. State of Rajasthan (1997)

Using judicial power, the court laid down guidelines to prevent sexual harassment at the workplace, later leading to the POSH Act, 2013.

S.R. Bommai v. Union of India (1994)

The court clarified the use of Article 356 (Presidents Rule) and asserted that the Presidents actions are subject to judicial review.

These examples show how judicial power has helped shape Indias constitutional democracy.

Challenges to the Judiciary in Exercising Judicial Power

Despite its significance, the judiciary faces challenges that can affect the exercise of its powers:

1. Backlog of Cases Over 4 crore cases are pending in Indian courts, which delays justice.

2. Vacancies and Infrastructure Inadequate judge-to-population ratio and insufficient court infrastructure slow down the legal process.

3. Political Pressure and Public Criticism While the judiciary is independent, increasing public scrutiny and media pressure can influence perceptions and outcomes.

4. Access to Justice Despite provisions like PIL, many citizens still find courts inaccessible due to costs, delays, and legal complexities.

To enhance the effectiveness of judicial power, reforms in judicial appointments, case management, digitization, and legal aid are essential.

Conclusion

Judicial power is an essential cornerstone of democratic governance. It acts as the guardian of the Constitution, the protector of individual rights, and the arbiter of disputes. In India, the judiciary has time and again demonstrated its commitment to justice, equality, and the rule of law.

While challenges exist, the strength of judicial power lies in its ability to evolve with changing societal needs, uphold the Constitution, and remain a beacon of hope for millions seeking justice. As citizens, recognizing and respecting this power is crucial to ensuring a fair and functioning democracy.