The judicial power in India is primarily vested in the judiciary, which operates independently of the legislative and executive branches. The Parliament, as the legislative body, does not possess judicial power. However, the Constitution of India grants Parliament certain powers and responsibilities related to the judiciary, and the judiciary, in turn, exercises the power of judicial review over parliamentary actions.
1. Separation of Powers:
A. Three Branches of Government:
- The Constitution of India establishes a separation of powers among the three branches of government: the Legislature (Parliament), the Executive, and the Judiciary.
B. Independent Judiciary:
- The judiciary is an independent and impartial body responsible for interpreting laws, ensuring justice, and upholding the Constitution.
2. Powers of Parliament Related to the Judiciary:
A. Appointment of Judges:
- Parliament has a role in the appointment of judges to the higher judiciary. While the President appoints judges based on the recommendation of the Chief Justice of India and a collegium of senior judges, Parliament’s approval is required for the appointment.
B. Impeachment of Judges:
- Parliament has the power to impeach judges of the Supreme Court and High Courts for proven misbehavior or incapacity. The process involves the initiation of impeachment proceedings in either house of Parliament.
C. Amendment of Jurisdiction:
- Parliament has the power to amend the jurisdiction of the Supreme Court and High Courts. However, such amendments must be consistent with the basic structure of the Constitution.
3. Judicial Review:
A. Power of the Judiciary:
- The judiciary, especially the Supreme Court, has the power of judicial review. This means that it can review and declare laws and actions of the government, including those of Parliament, unconstitutional if they violate the provisions of the Constitution.
B. Kesavananda Bharati Case:
- The Kesavananda Bharati case (1973) established the doctrine of the basic structure, asserting that while Parliament has the power to amend the Constitution, it cannot alter its basic structure.
C. Limits on Parliamentary Power:
- Judicial review serves as a check on parliamentary actions, preventing the abuse of power and ensuring that laws are consistent with constitutional principles.
4. Cases of Constitutional Interpretation:
A. Interpreting Constitutional Provisions:
- The judiciary plays a crucial role in interpreting constitutional provisions, including those related to the powers and functions of Parliament.
B. Resolving Constitutional Disputes:
- In cases of disputes or ambiguity in the interpretation of constitutional provisions, the judiciary provides authoritative rulings.
C. Ensuring Constitutional Supremacy:
- The judiciary ensures the supremacy of the Constitution by resolving conflicts between laws and constitutional principles.
5. Protection of Fundamental Rights:
A. Guardianship of Rights:
- The judiciary acts as the guardian of fundamental rights. If any law enacted by Parliament violates fundamental rights, the judiciary has the authority to strike it down.
B. Writ Jurisdiction:
- The Supreme Court and High Courts have the power to issue writs, such as habeas corpus, mandamus, and certiorari, for the protection of fundamental rights.
6. Public Interest Litigation (PIL):
A. Access to Justice:
- The judiciary, through PIL, allows citizens to directly approach the courts for the enforcement of public interest and protection of constitutional rights.
B. Role in Policy Matters:
- The judiciary can intervene in policy matters and issues affecting the public interest to ensure justice and fairness.
Conclusion:
While the Parliament in India does not possess judicial power in the traditional sense, it has important roles in the appointment and impeachment of judges, as well as the amendment of certain aspects of the judiciary’s jurisdiction. However, the judiciary, particularly the Supreme Court, holds the power of judicial review, allowing it to scrutinize and interpret parliamentary actions and declare them unconstitutional if they violate the Constitution. This separation of powers and the system of checks and balances are integral to the functioning of a democratic and constitutional government in India.
