A Sneak Peak Into the Judicial Governance in India

The constitution of India came into being in 1950, but it was adopted by the constituent assembly in November 1949. Though, the members were aware that there were tough times ahead with respect to the governance. They brought to notice that simply adopting a constitution does not ensure good governance. On the brighter side though, it was expected that it would definitely bring about a sense of commitment for the people in power irrespective of the challenges.

judiciary system

The Judiciary system plays a vital role and the most important of it is protection of the freedom and the rights of Indians. The Judges also have to play a significant role as representatives of people even though they are not elected by the people. There are three different branches of government namely, the judiciary, the legislature and the executive. Theoretically, if these branches function in their limits keeping in mind the fundamental principle of separation of power, the governance would be smooth. However, in reality there have been issues and challenges that these three branches have had to face. It is apparently, the responsibility of the two branches, executive and legislature to act in accordance to the law just like the people of India do, which does not happen always, thus resulting into several issues.

The principle objectives of the Judiciary system include
1. Impartial administration of law among people and state
2. Ensure security of people under its law
3. Promotion of human rights within limits of judicial system

Judicial governance is a tricky word, for the reason that judiciary cannot be involved in governance. Even though, judiciary is of vital importance when it comes to development of human rights and ensuring smooth functioning of the government institutions by infusing accountability. This involvement of judiciary in governance has not only reinforced the need for enhancing the efficacy of the government institutions but has also challenged the accountability of the executive powers and the parliament.

The civil society has accepted the notion of judicial governance, however there is an ardent need to expand the judiciary taking into fact prevalence of injustice in the society. To give meaning to democratic India, two important factors need to be brought into force viz reformation of the political system and enforcement of the law with support for both from the judiciary.

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