The supplementary functions of protecting the supremacy of constitution

The basic purpose of law is to held justice
without any fear and favor. As George Gurvitch says, justice is used in two
senses – “faithful realization of the existing law against any arbitrary infraction
of if’, and search for “the ideal element in all law,” i.e. “the ‘idea’ which
the law tends to subserve.”1 Judiciary
plays a very important role in holding justice. It applies  and interprets the law in any country. It
settle’s the dispute’s between one citzen and state or between one citizen and
another. One of the main functions of the court is to maintain law and order in
the country and to assure that government is working under rule of law.  In a democratic country like India with
written constitution the importance of judiciary can hardly be overstated as
the courts have supplementary functions of protecting the supremacy of
constitution by interpreting the laws and to keep check upon authorities that
they are working under the constitutional limits. Laws and regulations laid
down by the executive and legislative body didn’t ensure complete social
justice in the society courts keep a check on this. Judiciary tries to fill the
gaps between existing  laws and
regulation by its innovative vision of pronouncing and interpreting a law in
such a manner that the gap between social justice and legislature ends. It is
an important pillar in the democratic country without this it is impossible to
think about democracy. By interpreting the constitutional provisions judiciary assumes
a important and significant position which is second to none. Indian judiciary
has always commanded a significant respect from the peoples.  Supreme court had laid down several legal principles
for interpreting the laws and regulations to ensure the social justice and
human rights to the peoples. Courts are in authority to take decisions. In case
of Uoi v. Sankal Chand Himatlal Sheth and others2 the
court stated that “judiciary is like a watching
tower above all the big structures of the other limbs of State. From the top of
its respective towers, the highest judiciary either by it in the State or in
the Centre keeps a watch like a sentinel on the functions of the other limbs of
the State as to whether they are working in accordance with the law and the
Constitution, the Constitution being supreme”.  Judiciary establishes the rule of law,
protects the weak and helpless so there must be independent judges to adminste
rule of law without any fear and f

1 George
Gurvitch, “Justice,” in Encyclopedia of the Social Sciences, Vol.8. New York:

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1977 AIR 2328.