Legal Framework of India : Role of judiciary

 


Preamble of constitution:

 

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute ……………. do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.


    We, the people of India have given the constitution to ourselves. Judiciary, parliament and government are creation of this constitution.

  1. Parliament is to create the law.
  2. Government is to execute it.
  3. Judiciary/Supreme Court is to enforce it and ensure that law is followed


Role of Judiciary:

  1. Judiciary is to ensure that the mandate of people is followed.
  2. Judiciary is to ensure that the people are protected as per the Constitution created by the people of India
  3. Judiciary is given the power by the people of India, so that judgment they write has legal power to be enforced, and that judgment should/must be in line with the mandate of people.
  4. Judiciary is duty bound to write the judgment as per the mandate of the people and is not allowed to write it as per their personal opinion or morality. 
  5. Judiciary is not entitled to enforce its personal opinion, mandate or agenda on the people of India.
  6. Judiciary is not entitled to dictate its personal opinion on how the people of India should live.
  7. Judiciary is not entitled to dictate its personal opinion on what is moral and what is immoral.
  8. Judiciary is not entitled to dictate its personal opinion as law on the people of India.
  9. Judiciary is not entitled to dictate its personal opinion as law and then impose it on the people of India through judgment.
  10. Judiciary is servant of the Constitution, a constitution created by the people of India and can be destroyed by the people of India. 
  11. Judiciary is duty bound to protect, enforce and follow the legislative law.
  12. Judiciary is to enforce the mandate of people of India not to enforce its opinion as law over the people of India. 
  13. If the judiciary imposes its personal opinion on people of India through judgment, that is a violation of the Constitution of the highest degree and betrayal to the people of India.

    The Legal framework is crystal clear with Separation of Power clearly defined in Constitution. While the judiciary is responsible to decide how to protect the Constitution, there is an ethics of self restraint always in play that the judiciary cannot/shouldn't cross the line of separation. If the Judiciary uses its power to cross that line that is a violation of the ethics and betrayal to the people of India. 

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