Moreover, the polities of super session, transfer, demotion, extension of term on monthly basis as ad hoc judges, non-confirmation of the High Court judges, etc are disturbing trends in a democracy.
If there are conflicts between two or more states or between the state and central governments, the judiciary balances the power between them based on the Constitution.
It is considered one of the three pillars of democracy along with the legislature and the executive. Some have been convicted and jailed while others were forced to resign due to public pressure. Actually, these measures are taken to save the citizens from being the victims of subversive activities.
The principle was carried into reality in the US constitution, the first fully democratic constitution of the modern world. It takes decision and takes a side on a case thanks to the application of the law. This means that if it has reason to believe that legislative measures go against the Constitution of the country, it can strike them down.
In despotism nothing in the structure of power acts as a brake upon power, and hence no freedom, the hallmark of democracy, can be guaranteed. There have to be checks and balances on those in power. Politics and society in western Europe.
Comparative governments, Four modern constitutions. An example of this independency and the importance for the well being of the democracy can be the judges anti-corruption in France or Italy.
Without a judiciary, there will be no checks and balances on the powerful and citizens will suffer for it. The judiciary being regarded, and respected, as independent and impartial, its verdict is generally accepted be all the parties, and the crisis is resolved.
The judiciary here steps in as the expert and the authority on the constitution to defuse the crisis. In general the judiciary is in a sense weaker than Parliament, which claims to be the representative of the people, the real sovereign in democracy.
What type of justice can the public expect from a judiciary which has failed to get the justice. The Indian judiciary plays that role and ensures that those two bodies do not overstep their bounds and interfere with what is laid down in the Constitution or with the fundamental rights guaranteed to the citizens of India.
Following Montesquieu, the three powers normally considered to be separable in the exercise of government are the legislature, the executive, and the judiciary. Essay on Role of Judiciary in Indian Democracy — Essay 5 words Introduction The Supreme Court is at the apex of the Indian judicial system, followed by the High Courts at state level, the District Courts at district level and a number of local courts below them.
To guarantee freedom, the hallmark of democracy, these three powers must be separated as much as possible and balanced against each other. No members of the legislature or executive can suggest the names for judicial appointments.
If he takes decisions that are against the public opinion, the people will protest and may not vote for them in the next elections. In India, the judiciary protects these rights and is, therefore, called the watchdog of democracy.
In this first part we will study the democracy and the judiciary, as it is important to understand these two principles before analysing the role of the judiciary in a democracy.
However, their collaboration is necessary for the well being of a democracy. Also, there are instances when a constitutional deadlock or dilemma renders the government helpless and when different interpretations are possible of a constitutional provision.
However, power does corrupt and the elected representatives of the people can be prone to trampling on these rights in order to consolidate or increase their power.
This means that if it has reason to believe that legislative measures go against the Constitution of the country, it can strike them down. For example, a judge cannot be a minister or a deputy at the same time. This does not mean that democracy is in danger. Similarly, the judges of the Supreme Court cannot be removed from office unless it is proved that they have committed misconduct or are no longer capable of carrying out the role.
Conclusion It is clear that the role of the judiciary is a crucial one. He judges the crimes trying to be as neutral as he can. But above all, a free judiciary can only exist in a political system in which democratic principles are truly believed in and acted upon by all alike-executive, legislature and the citizenry at large.
Each system is complementary to the other two, at the same time acting as checks and balances to them. Democracy is a system of governance, its origins dates back to Greece and ancient Athens between and B.
C. Most Western countries changed their system of governance to a representative democracy in the 19th century, mostly influenced by liberalism.
Published: Tue, 09 Jan In a liberal democratic state, the judiciary has four main responsibilities including formulating the rule of law through the interpretation and application of law to respond with a verdict, settling disputes, checking legality and being a player in state politics.
Essay on Role of Judiciary in the Country Today – Essay 1 ( words) Introduction. The judiciary is one of the three lynchpins of a democracy, the other two being the legislature and the executive.
The three limbs of Democracy are the legislature, executive and the judiciary. The first formulates policy and enacts it as law, the second carries out policy in action and the third applies the law according to rules of procedural justice and resolves disputes.
To guarantee freedom, the hallmark of. All democracies comprise of three main organs of governance namely the executive, legislative and the judiciary. The political processes of any democracy are operant through the executive and the legislature with the judiciary playing the role of a referee.
THE ROLE OF THE JUDICIARY IN PARLIAMENTARY DEMOCRACY* by M. C. Chagla* The role of the Judiciary in our parliamentary democracy is a unique and crucial one. Parliamentary democracy is ruled by the people through their representatives elected to Parliament. In England, Parliament is supreme and sovereign.Role of judiciary in democracy essay