No democracy can work if any of these is missing or does not work properly. The government then has to do what the people expect him to do. For example, the election of Mrs Indira Gandhi was declared void in by the Allahabad High Court, after which she ill- advisedly imposed national emergency.
A judge then listens to both parties and determines whether the law has indeed been violated and, if so, how the accused should be punished.
But the situation was saved, as two-thirds of New Deal was invalidated by the Supreme Court He judges the crimes trying to be as neutral as he can. As per the Constitution of India, the judiciary is the most independent out of the three and is given a wide range of powers so that it is capable of offering justice freely and fairly.
If he takes decisions that are against the public opinion, the people will protest and may not vote for them in the next elections. As the scams have demonstrated, we cannot always rely on our leaders to behave as they must or do what they must.
Those are the kind of decision that the judge has to take, and it is very important that judges stay independent from the rest of the government, as it is his main role in the democracy, the impartiality.
Judges cannot take part of the political scene; they need to keep their political views personal. What it Does The interpretation of the Constitution lies in the hands of the judiciary. The judges were ridiculed by being called backward-looking and their philosophy was considered to be out of step with the times.
It is true that the judiciary has to depend on the executive for the implementation of its decisions but it does not mean that the executive of even those sitting in the legislature can ignore such decisions.
Its mandate comes from the Constitution, that mandate being that neither the executive nor the legislature can pass any acts without those acts being overseen by the judiciary to ensure that they are in compliance with the Constitution.
He strengthened and consolidated the unity and democracy of the US through a series of judicial decisions. There have to be checks and balances on those in power. All these odds before the Indian judiciary notwithstanding. These situations illustrate that a democracy will collapse almost immediately if there is no judicial system or if the judicial system in place is subservient to the executive or the legislature or both.
It was only democratic principle began to disseminate in the nineteenth century, and as democratic governments began to the set up in the twentieth century especially after the Second World War.
Where there is no equality among the citizens there is no democracy. Many feared that democracy in the US was in peril. In fact, judges judge with the laws they are given, but also with their feelings, trying to be as neutral as possible.
In conclusion we can see that judiciary has a very important role in the democracy. Comparative governments, Four modern constitutions. The court has the power to punish those who disobey the law or fail to perform their duties as citizens of the country.
While some were acquitted, many more are still being tried. The judiciary has to arbitrate conflicts between different institutions of the state, between the state and the citizen and finally between the citizens themselves.
More recently we have had striking verdicts on the anti- defection acts. Conclusion It is clear that the role of the judiciary is a crucial one. This means that if it has reason to believe that legislative measures go against the Constitution of the country, it can strike them down.
What it Does The interpretation of the Constitution lies in the hands of the judiciary. Each system is complementary to the other two, at the same time acting as checks and balances to them. Each system is complementary to the other two, at the same time acting as checks and balances to them.
To guarantee freedom, the hallmark of democracy, these three powers must be separated as much as possible and balanced against each other. After all, in a democracy the members of the legislature and the executive have to go periodically to the people at the hustings who have high respect for the judiciary in spite of occasional aberrations.
The names are recommended by collegium of the judiciary and the President determines the appointees. The party which either has the majority of members or has the support of members from other parties to make the majority forms the government.
What is the role of the judiciary in a democracy. The judiciary sees that the constitution is not isolated and disgraced. 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. Short essay on Role of Judiciary in a Democracy Article shared by The theory of separation of powers, implicity in Aristotle but first given independent expression by Harrington and Locke, is known in its modern form largely through the writings of Montesquieu.
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.
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.
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.
Judiciary has definitely a very significant role in a democracy as it shapes and interprets the laws. Key roles and features of the judiciary will be discussed in this work. There will be some theories looked over at and some real life examples as well.Role of judiciary in democracy essay