The PM highlighted the achievements of the Judiciary at the National Conference of District Judiciary, organized as part of the 75th year celebrations of the Supreme Court of India.
Constitutional provisions that empower Judiciary to be guardian of Democracy
- Article 13 implicitly lays the ground for judicial review for the Supreme Court.
- Article 32 and 226 empowers the Supreme Court and High Courts to issue writs for enforcement of the Fundamental Rights.
Role played by Indian judiciary as a guardian of Indian Democracy
- Kesavananda Bharati Sripadagalavaru vs. State of Kerala,1973: By formulating the doctrine of “the basic structure of the constitution” placed limitations on the amending powers of the Parliament.
- Indira Gandhi v. Raj Narain (1975): Upheld the essence of democracy i.e. free and fair elections.
- S. R. Bommai v. Union of India case, 1994, restricted the arbitrary dismissal of state governments under Article 356.
- ADR vs UOI case 2024: By declaring electoral bond scheme unconstitutional and upholding the transparency in political funding.
Challenges : Low judge-population ratio, Pendency of cases, judicial activism or overreach, threat of contempt of court, corruption in judiciary.
Way Forward (Law commission report 245): Appointment of judges on a priority basis, Special Traffic Courts, Periodic Needs Assessment for the Judiciary, encouraging Alternative Dispute Resolution methods, etc |