Role of Judiciary in Good Governance

Good Governance forms the skeleton of a democratic political system. It is part of the tacit consent it commands. While the legislature and the executive branches are more explicitly and directly involved in ensuring it, the Judiciary also plays a critical role. The Judiciary does this by interpreting the law of the land, providing checks and balances on the actions of the other branches of government, protecting individual rights, and resolving disputes. Historically, it has taken upon itself the role of filling gaps in governance, shaping the legal, democratic, and social system by various landmark judgments relating to corruption, environmental protection, and the protection of civil liberties, among others. However, this role is not without challenges – both external and internal to the institution. These include issues such as corruption, massive pendency of cases, judicial overreach, the politicization of the judiciary, lack of access and transparency in it, lack of legal awareness, and the ensuing digital divide – which essentially inhibit it from delivering in line with its potential and expectations given how central it is to democracy. There are hence calls for judicial reforms and debates surrounding its role in a representative democracy have become more vocal from different centers of power. An assessment of its functioning and a reform process must be both internal and external, keeping the constitution and elements of good governance and democracy as the guiding light.