An independent judiciary is a judiciary system that is not under the control of the government and does not act on its behalf. It is a crucial aspect of a democratic country as it ensures that there is no misuse of power by the legislature and the executive. The independence of the judiciary is guaranteed by the state and enshrined in the constitution or the law of the country. The judiciary plays a central role in upholding the law and enforcing fundamental rights. Every citizen of India can approach the Supreme Court or the High Court if they believe that their fundamental rights have been violated. The judiciary also has the power of judicial review, which means it can strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure of the Constitution. The work of the judiciary can be divided into the following categories:
- Dispute resolution: The judicial system provides a mechanism for solving disputes between citizens, between citizens and the government, between two state governments, and between the center and state governments.
- Upholding the law and enforcing fundamental rights: Every citizen of India can approach the Supreme Court or the High Court if they believe that their fundamental rights have been violated.
- Judicial review: The judiciary has the power to strike down particular laws passed by the Parliament if it believes that these are a violation of the basic structure of the Constitution.
The independence of the judiciary allows the courts to play a central role in ensuring that there is no misuse of power by the legislature and the executive. It also plays a crucial role in protecting the fundamental rights of citizens because anyone can approach the courts with their grievance.