The supplementary functions of protecting the supremacy of constitution

The basic purpose of law is to held justicewithout any fear and favor.

As George Gurvitch says, justice is used in twosenses – “faithful realization of the existing law against any arbitrary infractionof if’, and search for “the ideal element in all law,” i.e. “the ‘idea’ whichthe law tends to subserve.”1 Judiciaryplays a very important role in holding justice. It applies  and interprets the law in any country. Itsettle’s the dispute’s between one citzen and state or between one citizen andanother. One of the main functions of the court is to maintain law and order inthe country and to assure that government is working under rule of law.

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  In a democratic country like India withwritten constitution the importance of judiciary can hardly be overstated asthe courts have supplementary functions of protecting the supremacy ofconstitution by interpreting the laws and to keep check upon authorities thatthey are working under the constitutional limits. Laws and regulations laiddown by the executive and legislative body didn’t ensure complete socialjustice in the society courts keep a check on this. Judiciary tries to fill thegaps between existing  laws andregulation by its innovative vision of pronouncing and interpreting a law insuch a manner that the gap between social justice and legislature ends.

It isan important pillar in the democratic country without this it is impossible tothink about democracy. By interpreting the constitutional provisions judiciary assumesa important and significant position which is second to none. Indian judiciaryhas always commanded a significant respect from the peoples.  Supreme court had laid down several legal principlesfor interpreting the laws and regulations to ensure the social justice andhuman rights to the peoples. Courts are in authority to take decisions.

In caseof Uoi v. Sankal Chand Himatlal Sheth and others2 thecourt stated that “judiciary is like a watchingtower above all the big structures of the other limbs of State. From the top ofits respective towers, the highest judiciary either by it in the State or inthe Centre keeps a watch like a sentinel on the functions of the other limbs ofthe State as to whether they are working in accordance with the law and theConstitution, the Constitution being supreme”.

 Judiciary establishes the rule of law,protects the weak and helpless so there must be independent judges to adminsterule of law without any fear and f1 GeorgeGurvitch, “Justice,” in Encyclopedia of the Social Sciences, Vol.8. New York:21977 AIR 2328.