Role of the Judiciary in Upholding the Constitution and Protecting Civil Liberties

Independent India’s Constitutional Framework:

The Indian Constitution, adopted on January 26, 1950, is a cornerstone of the country’s democratic framework. It enshrines the principles of justice, liberty, equality, and fraternity, ensuring that the rights of citizens are protected and promoted. The judiciary plays a crucial role in upholding the Constitution and protecting civil liberties.

Key Judicial Decisions:

• First Amendment (1951): The Supreme Court recognized the right to freedom of speech and expression, declaring that any law restricting this right would be unconstitutional.
• Habeas Corpus Cases (1970s): The judiciary ruled in favor of habeas corpus, safeguarding the right to personal liberty and preventing arbitrary detention.
• Emergency Cases (1975-1977): The judiciary struck down the Indira Gandhi government’s Emergency powers, upholding the Constitution’s fundamental rights and freedoms.
• Recent Examples:
  • Keshavananda Bharati vs. State of Kerala (2015): The Supreme Court reaffirmed the constitutional validity of the court’s powers to declare laws unconstitutional.
  • Navtej Singh Johar vs. Union of India (2018): The Supreme Court decriminalized homosexuality, recognizing the rights of LGBTQ+ individuals.

Recent Trends:

• Judicial Activism: The judiciary has taken a more proactive approach in recent years, issuing landmark judgments on issues like minority rights, Dalit rights, and environmental protection.
• Increased Focus on Human Rights: Courts have shown greater concern for human rights, including issues like police brutality, custodial deaths, and gender-based violence.
• Challenges to Executive Power: The judiciary has increasingly challenged executive power, striking down executive decisions and laws deemed unconstitutional.

Challenges Faced by the Judiciary:

• Delays and Backlogs: The judiciary faces significant delays and backlogs, which can hinder its ability to effectively protect civil liberties.
• Lack of Resources: The judiciary often struggles with inadequate resources, including funding, infrastructure, and personnel.
• Political Interference: There have been instances of political interference in judicial matters, which can undermine the independence of the judiciary.