In a democracy, power is divided among three branches: the legislature (which makes laws), the executive (which enforces laws), and the judiciary (which interprets laws). To prevent any one branch from becoming too powerful, they’re designed to balance each other. But how exactly does the judiciary act as a watchdog over the other two? Let’s break it down.
1. Judicial Review: The Power to Say “No”
The judiciary’s strongest tool is judicial review—the authority to examine laws and government actions to ensure they align with the constitution.
- Example: If the legislature passes a law that violates free speech, the judiciary can strike it down as unconstitutional. In the U.S., the Supreme Court’s Brown v. Board of Education (1954) ended racial segregation in schools by overturning earlier discriminatory laws.
- Why it matters: This stops the legislature or executive from overstepping their constitutional limits.
2. Interpreting the Constitution
The constitution is often broad or vague, leaving room for interpretation. Courts clarify what constitutional principles mean in practice.
- Example: In India, the Supreme Court ruled that the “right to life” under Article 21 includes the right to privacy, shaping laws on data protection and surveillance.
- Why it matters: This ensures the executive and legislature don’t misuse ambiguous language to expand their power.
3. Enforcing Accountability
The judiciary holds the executive accountable by:
- Reviewing Executive Actions: Courts can invalidate decisions by the government or its agencies. For instance, if a ministry bans a book without valid reasons, courts can reverse the ban.
- Public Interest Litigation (PIL): In countries like India, citizens can directly approach courts to address executive failures, such as pollution or corruption.
- Example: Courts have ordered governments to compensate victims of administrative negligence (e.g., disaster mismanagement).
4. Protecting Fundamental Rights
Courts act as guardians of citizens’ rights against abuses by the legislature or executive.
- Example: If a law passed by Parliament restricts religious freedom, the judiciary can declare it unconstitutional.
- Writ Jurisdiction: Courts can issue orders (like habeas corpus to release someone unlawfully detained) to stop rights violations by authorities.
5. Checking “Arbitrary” Use of Power
The judiciary ensures government decisions are fair, logical, and transparent.
- Example: If a politician is arrested without evidence before an election, courts can intervene, calling it a misuse of power.
- Why it matters: This prevents the executive from targeting opponents or silencing dissent.
6. Resolving Disputes Between Branches
When the legislature and executive clash (e.g., over lawmaking authority), courts step in as neutral referees.
- Example: In 2020, Kenya’s High Court blocked the president’s attempt to dissolve Parliament, ruling it unconstitutional.
Challenges in the Judiciary’s Role
- Overreach: Critics argue courts sometimes interfere in policymaking (e.g., setting environmental standards), which should be the legislature’s job.
- Delays: Slow justice can weaken checks (e.g., a corruption case pending for years).
- Dependence on Executive: Courts rely on governments to enforce rulings. If ignored, their authority erodes.
A Pillar of Democracy
The judiciary’s role as a check ensures no branch of government becomes a tyrant. By striking down unconstitutional laws, protecting rights, and demanding accountability, it upholds the rule of law. However, its effectiveness depends on independence, public trust, and timely justice. In a healthy democracy, the judiciary isn’t above criticism—but it remains indispensable to balancing power.