The Role of Judiciary in Upholding the Constitution

Abstract

Judiciary is considered to be the most critical role in terms of the protection of constitutional values and the constitutional supremacy of the Constitution in a democratic model. This paper discusses the various roles of Indian judiciary in exercising its constitutional interpretations, guarding the rights in the constitution, keeping to the rule of law through the doctrine of judicial review. It discusses how judicial activism and the Basic Structure Doctrine have evolved as it assesses landmark cases that have played an important role in constitutional jurisprudence of India. Issues affecting the judiciary today like judicial sluggishness, secrecy of appointments, claims of judicial excesses, and absence of transparency and accountability are also being discussed in the paper. The work proposes institutional variants of reform based on the critical and dogmatic focus of study usage in the context of improving the organization of transparent judicial work, efficiency, and accessibility. Finally the paper has once again confirmed the invaluable contribution or the role of a judiciary in supporting democratic spirit and in sustaining constitutional governance in India.