The Role of Indian Judiciary

Indian Judiciary is considered to be custodian of Indian Constitution and Article 13, 32 and 226 of The Indian Constitution are relevant here for the same. Article 13 and 32 are limited to civil liberties while Article 226 covers whole Constitution including Basic Structure of the Indian Constitution. Here Indian Judiciary being custodian of Indian Constitution means whole Constitution is guaranteed and protected from legislative, executive and even judicial invasions, attacks and encroachments.

Indian Judiciary is considered to be administrator of Justice as per Constitution. This is indeed the real function of Judiciary irrespective of nature of State, nature of political setup and nature of governance. Part III of The Indian Constitution gives special scope to Indian Judiciary in administration of Justice as per Constitution and more, part III of The Constitution has been guaranteed to the people as well. Now administration of Justice in respect of civil liberties is not mere real job of Indian Judiciary but more serious and sacrosanct job. Here Indian Judiciary becomes watchdog of civil liberties. Part III of The Indian Constitution speaks that Indian Governance is democratic and Article 32 speaks that Indian Judiciary is Judiciary under democratic setup, that is to protect civil liberties of the people against State actions. In democratic setup, Judiciary has an additional job of protecting civil liberties of the people, otherwise, Judiciary has almost similar job of Constitutional compliance i.e. administration of Justice as per Constitution and supreme interpreter of the Constitution. Protecting basic structure of Indian Constitution is one more additional job, though it is not supported by any provision of Indian Constitution, it is just out of emotions to protect the visions of Constitutional architects of India.

Indian Judiciary being supreme interpreter of the Indian Constitution along with protector of basic structure of the Indian Constitution state the capacity of Indian Judiciary in respect of Indian Constitution and that is Indian Judiciary is custodian of Indian Constitution.

Indian Judiciary is to do Judicial review in respect of whole Constitution. Judicial Review means to review the act of State in the light of Constituion. This Judicial Review now is not limited to civil liberties of the people only but also to basic structure of the Indian Constitution. Judicial Review is the process and means to do its all jobs i.e. Constitutional compliance like custodian of Indian Constitution (protecting basic structure of the Indian Constitution), watchdog of civil liberties, administrator of Justice in general and supreme interpreter of the Indian Constitution (Constitutional compliance in governance) and not the job in itself.

SCROLL UP