Page 2 - LN Std - 8 - civics - Chap 5 - Subtopic 1- What is the Role of the Judiciary

Judicial Review – As the final interpreter of the Constitution the Judiciary also 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.

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.
Example -: Hakim Sheikh – An agricultural labourer who fell from a running train and

injured himself and who was refused admission in any hospital. The Supreme Court
ruled that Article 21 provides everyone the Fundamental Right to life also includes

Right to Health. It therefore directed the West Bengal government to pay him

compensation for the loss suffered.

What is an Independent Judiciary?
Example -: A powerful politician has encroached your land. You may think that he

will influence the Judge by misusing his powerful office. But this is not true. The
Indian Constitution protects against this kind of situation by providing for the

independence of the Judiciary.

Separation of Powers -: This means that the Legislature and Executive cannot

interfere in the work of Judiciary.
The Judges of the Supreme Court and High Court are appointed with very little

interference from there other branches of government. Once appointed to this office

it is also very difficult to remove a judge.

Independence of the Judiciary results in two things -
(I) It ensures that the Legislature and Executive cannot misuse their power.

(II) It also protects the Fundamental Rights of the citizens.