Judiciary plays a crucial role in upholding the Constitution from "summary" of Constitution of India by Fali S. Nariman
The Constitution of India is the supreme law of the land. It is the bedrock upon which the entire legal framework of the country is built. However, simply having a Constitution in place is not sufficient to ensure that its principles and provisions are upheld and enforced. This is where the Judiciary steps in. The Judiciary plays a pivotal role in interpreting and enforcing the Constitution. It acts as a guardian of the Constitution, ensuring that the principles enshrined in it are respected and adhered to by all citizens and institutions. This is crucial in maintaining the rule of law and upholding the democratic values enshrined in the Constitution. One of the key functions of the Judiciary is to interpret the Constitution in a manner that is consistent with its spirit and intent. This involves interpreting the language of the Constitution, as well as taking into account the historical context in which it was drafted. By doing so, the Judiciary ensures that the Constitution remains a living document that can adapt to changing times and circumstances. In addition to interpreting the Constitution, the Judiciary also plays a crucial role in enforcing its provisions. This involves adjudicating disputes that arise between individuals, as well as between individuals and the state, in a manner that is consistent with the Constitution. By doing so, the Judiciary ensures that justice is served and that the rights of all citizens are protected. Furthermore, the Judiciary acts as a check on the powers of the other branches of government – the Executive and the Legislature. It ensures that these branches do not overstep their constitutional boundaries and that they act in accordance with the principles of the Constitution. In this way, the Judiciary helps to maintain the delicate balance of power that is essential for a functioning democracy.- The role of the Judiciary in upholding the Constitution cannot be overstated. It is the Judiciary that ensures that the principles and values enshrined in the Constitution are not mere words on paper, but are living realities that guide the actions of all citizens and institutions. Without the Judiciary, the Constitution would be little more than a hollow document, devoid of meaning and significance.
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