RESEARCH PAPER

THAKUR RAMNARAYAN COLLEGE OF LAW

NAME: EKTA TRIPATHI

CLASS/ DIVISION: TYBLS/B ROLLNO.: 73

SUBJECT: CONTRACT-I

TOPIC: DISCRETION & POWER OF COURTS

SUBMITTED TO: PROF. MRS. APARNA SINGH

SUBMITTED ON: 27/09/2023

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 DISCRETION AND POWER OF COURTS
ABSTRACT:
The exercise of discretion and the scope of power vested in courts are fundamental aspects of the
legal system, influencing the administration of justice, the protection of rights, and the balance of
authority. This abstract provides an overview of a comprehensive study that delves into the
multifaceted dimensions of discretion and power within the judiciary.
This research paper examines the hierarchy of Courts, the nature and extent of judicial discretion,
exploring its origins, evolution, and the factors that shape its application. It investigates the
delicate balance between the rule of law and judicial discretion, weighing the advantages of
flexibility in decision-making against the risks of inconsistency and arbitrariness.
Furthermore, the study analyzes landmark cases that have shaped the contours of judicial power
and explores the courts' role in safeguarding constitutional principles and human rights.
Additionally, the research paper assesses the impact of societal changes, technological
advancements, and evolving legal norms on courts' exercise of discretion and power. It addresses
contemporary challenges, such as the need for transparency, accountability, and public trust in
the judiciary.
The findings of this study have significant implications for legal scholars, practitioners,
policymakers, and the public. By shedding light on the intricacies of discretion and power within
the courts, this research contributes to a deeper understanding of the judicial process and its role
in upholding the principles of justice, fairness, and the rule of law in an ever-changing world.

INTRODUCTION:
In the domain of jurisprudence, the concept of discretion and the power displayed by courts stand
as fundamental pillars upon which the legal system operates. These facets of the judicial process
play a pivotal role in shaping the outcomes of legal proceedings, reflecting the intricate interplay
between the law's rigidity and the necessity for flexibility in its application. This introduction
delves into the profound significance of discretion and the power vested in courts, highlighting
their role in achieving justice while upholding the rule of law.
Discretion, in its essence, refers to the latitude or freedom given to judicial authorities, such as
judges and magistrates, to make decisions within the boundaries of existing legal frameworks. It
recognizes that the law cannot foresee every circumstance, and thus, judges must exercise their

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judgment to ensure that justice is served effectively. This discretion extends across various facets
of the legal system, from sentencing in criminal cases to equitable remedies in civil disputes.
The power vested in courts represents their authority to interpret and apply the law, rendering
judgments that carry profound consequences for individuals, institutions, and society as a whole.
This authority is a cornerstone of the separation of powers in democratic systems, ensuring a
system of checks and balances that prevents any one branch of government from exerting
unchecked dominance. The power of courts not only resolves disputes but also safeguards
individual rights, upholds the principles of justice, and maintains the rule of law.

DEMOCRACY IN INDIA:
Democracy is defined as a form of government in which the citizens of that country have direct
power to participate in the election and elect the representatives for forming a government body
called a Parliament. A democratic form of government is based on the majority’s rule i.e. a
government can be formed by a party when they have the majority number of votes with them
and the process is similar in the case of choosing representatives.1
The democratic government in India is the largest one. The beginning of the democratic system
in India was when the Constitution of India came into effect on 26 January 1950. Democratic
India reveals that for choosing representatives through the election, every citizen of India has the
right to vote without any discrimination irrespective of creed, caste, religion, region, and sex.
The principles on which the democratic government of India is based are liberty, equality,
fraternity, and justice.

Pillars of Democracy
“The pillars of democracy are key principles and institutions that uphold democratic governance.
They include 1) Rule of Law, ensuring equality and justice; 2) Free and Fair Elections, allowing
citizens to choose their leaders; 3) Protection of Human Rights, safeguarding individual liberties;
and 4) Separation of Powers, distributing authority among branches of government to prevent
abuses. These pillars collectively sustain democratic values and practices.”
Work Cited

1 https://www.researchgate.net/publication/327127217_Democracy/link/5b7b782092851c1e1223c7cc/
download

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 Testbook. “Pillars of Democracy: Know History, Importance, Origin, Influence.”
testbook, 2023, https://testbook.com/articles/pillars-of-democracy. Accessed 18-9-23
September 2023.

Understanding the Four Pillars of Democracy in India

The four pillars of governance stand tall, each bearing a distinct responsibility that collectively
ensures the smooth functioning of the nation. From the legislative halls where ideas are debated
and laws take shape, to the corridors of power where decisions are executed with precision, and
the hallowed chambers of justice that safeguard the principles of fairness and equality — every
facet of this democratic structure plays a crucial role.
● First Pillar of Democracy, i.e. Legislature
The legislative branch of democracy embodies the power of the people. In India, the Parliament
is the supreme legislative body, composed of the Rajya Sabha (Council of States) and the Lok
Sabha (House of the People). It is here that laws are debated, proposed, and enacted, reflecting
the diverse needs and aspirations of the nation.
● The Executive is the Second Pillar of Democracy
The executive branch executes and enforces laws, led by the President as the head of state and
the Prime Minister as the head of government. This pillar ensures that the decisions made by the
legislative branch are implemented effectively, steering the country toward progress and
development.
● Third Pillar of Democracy - Judiciary
The judiciary safeguards the principles of justice and equality. The Supreme Court of India is the
highest judicial authority, responsible for interpreting the Constitution and ensuring that the other
branches of government adhere to it. This pillar guarantees that the rights of citizens are
protected and that the rule of law prevails.
● Media is the Fourth Pillar of Democracy
In the age of information, the media plays a crucial role as the fourth pillar of democracy. It acts
as a watchdog, holding those in power accountable and providing citizens with accurate and
unbiased information. A free and vibrant media empowers individuals to make informed
decisions and participate actively in the democratic process.

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Interrelations of the Pillars of Democracy in India
The interrelations of the pillars of democracy in India create a dynamic and interdependent
system that ensures the smooth functioning of the nation's governance. These pillars – the
Legislature, Executive, Judiciary, and Media – collaborate and intersect, each playing a crucial
role that complements and reinforces the others.
For instance, consider the process of passing a new law. The Legislature, represented by the
Parliament, proposes and debates the legislation. Members of Parliament, who are part of the
Executive branch as well, may participate in these discussions. Once the law is passed, the
Executive, led by the Prime Minister and the President, enforces and implements it. However, if
a citizen believes that the new law infringes upon their rights, they can approach the Judiciary,
which has the authority to review the law's constitutionality.
The Media plays a pivotal role in this process by informing the public about the proposed law, its
implications, and the debates surrounding it. They can also shed light on any potential concerns
or controversies. In turn, this can influence public opinion and prompt further discussions within
the Legislature.
Furthermore, let's consider a scenario where the Executive proposes a policy that some citizens
believe is unjust. They can challenge the policy in court, invoking the Judiciary's oversight. The
Media, meanwhile, can provide comprehensive coverage, ensuring that the public is aware of the
legal proceedings and the arguments presented.
These pillars collaborate to maintain a system of checks and balances, preventing any one branch
from accumulating excessive power. Their interconnectedness ensures that decisions are made
transparently, laws are just, and the rights of citizens are protected. This intricate web of
interactions underscores the strength and resilience of India's democratic framework.2

THE CONSTITUTION AND THE JUDICIARY:

The Indian Constitution empowers the Judiciary to act as the Guardian of the Law. A number
of provisions deal with the Judiciary's role, power, function, and officer appointments. The major
provisions are-
● Part V - Chapter IV - Union Judiciary i.e., Supreme Court - appointment and removal,
role and function

2 https://www.mea.gov.in/Uploads/PublicationDocs/184_india-dynamic-democracy.pdf

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 ● Part VI - Chapter V - High Court - appointment and removal, role and function
● Part VI - Chapter VI- Subordinate Courts - appointment and removal, role and function
● Article 50 - Independence of Judiciary - separates judiciary from executive branch
● Other provisions appear underparts and articles that deal with the court's responsibilities.
The judiciary acts as the arbiter on legal matters. The Inner Conflict of Constitutionalism:
Judicial Review and the 'Basic Structure' – India's Living Constitution: Constitution, acts as its
watchdog by calling for scrutiny of any act of the legislature or the executive from overstepping
bounds set for them by the Constitution. It acts as a guardian in protecting the fundamental rights
of the people, as enshrined in the Constitution, from infringement by any organ of the state. It
also balances the conflicting exercise of power between the center and a state or among states.

JUDICIARY AS A MOST IMPORTANT PILLAR OF DEMOCRACY:

The judiciary is often regarded as one of the most vital pillars of democracy due to its
multifaceted and essential role in upholding the principles and functioning of democratic
societies. Here are several key reasons why the judiciary is considered the most important pillar
of democracy:
● Protector of Constitutional Rights: In a democracy, the constitution is the supreme law
of the land, and the judiciary serves as the guardian of the constitution. It interprets the
Constitution's provisions, ensuring that all government actions, laws, and policies align
with its principles. This role is pivotal in safeguarding democratic values and individual
rights.
● Checks and Balances: Democracy relies on the separation of powers between the
legislative, executive, and judicial branches of government. The judiciary acts as a check
on the other branches, ensuring that they do not overstep their authority or violate
constitutional principles.
● Defender of Individual Rights: One of the core tenets of democracy is the protection of
individual rights and freedoms. The judiciary serves as a forum for citizens to seek justice
when their rights are infringed upon. Through its decisions, it establishes precedents that
protect civil liberties, promoting justice, equality, and fairness.
● Preservation of the Rule of Law: Democracy requires a strong adherence to the rule of
law, where laws apply uniformly to all citizens, regardless of their status or position. The
judiciary ensures that laws are applied consistently and fairly, fostering confidence in the
legal system and promoting the principle that everyone is equal before the law.

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 Therefore, the judiciary's role as the ultimate interpreter and guardian of the constitution,
protector of individual rights, and arbiter of disputes makes it the most important pillar of
democracy. Its independence, impartiality, and commitment to the rule of law are
essential for upholding democratic principles and maintaining the integrity of democratic
institutions. Without a strong and independent judiciary, democracy can be at risk of
erosion and abuse of power, underscoring the judiciary's indispensable role in the
democratic framework.

HIERARCHY OF JUDICIARY IN INDIA:

The Indian judiciary is organized in a hierarchical structure, with various levels of courts, each
having its own jurisdiction and functions. The hierarchy of the judiciary in India is as follows,
from the highest to the lowest:
● Supreme Court of India: The Supreme Court is the apex court in India and the highest
judicial authority in the country. It has original, appellate, and advisory jurisdiction. The
Supreme Court hears appeals from the High Courts and can also take up cases directly
through its original jurisdiction. It has the power to interpret the Constitution and is the
ultimate authority on matters of constitutional law.
● High Courts: Each state and union territory in India has its own High Court. High Courts
have jurisdiction over their respective states or territories and are the highest appellate
courts for cases originating within their jurisdiction. High Courts also have the power to
issue writs for the enforcement of fundamental rights. Some union territories share a
common High Court with nearby states.
● District Courts: Below the High Courts are the District Courts, which are established in
each district of a state. District Courts have original jurisdiction over civil and criminal
cases within their district. They handle cases involving various laws and regulations,
including family disputes, property matters, and criminal offenses. Each District Court is
headed by a District and Sessions Judge.
● Subordinate Courts: Subordinate to the District Courts are various lower-level courts,
including:
○ Civil Courts: These courts handle civil cases and disputes related to property,
contracts, and other civil matters.

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 ○ Criminal Courts: These courts deal with criminal cases and offenses under various
laws, including the Indian Penal Code (IPC).
○ Family Courts: Family Courts specifically handle matters related to family and
matrimonial disputes, such as divorce, child custody, and maintenance.
○ Tribunals: Various specialized tribunals are established to handle specific types of
cases, such as the Income Tax Appellate Tribunal, National Company Law
Tribunal, and more.
The Indian judicial system follows a system of hierarchy and appeals, where decisions made at
lower levels can be appealed at higher levels of the judiciary. This ensures that individuals have
access to multiple levels of adjudication and the opportunity to seek justice through the legal
process. The system also aims to maintain consistency in the interpretation and application of
laws throughout the country.

CASE LAWS RELATED TO DISCRETION AND POWER OF COURTS:

India's legal system is rich with case law that illustrates the exercise of discretion and the
exercise of power by its courts. Here are a few notable cases that highlight these aspects:
● Kesavananda Bharati v. State of Kerala (1973): In this case, the Supreme Court of
India dealt with the power of the Parliament to amend the Constitution. The court, in a
historic decision, established the doctrine of the "basic structure" of the Constitution,
ruling that while Parliament had the power to amend the Constitution, it could not alter its
basic structure. This case affirmed the power of the judiciary to review and limit
constitutional amendments.3
● M.C. Mehta v. Union of India (1986)4: In this case, popularly known as the "Oleum gas
leak case," the Supreme Court exercised its power to protect the environment and public
health. The M.C. Mehta v. Union of India case is significant because it laid the
foundation for the development of environmental jurisprudence in India.
● It established the principle of "polluter pays," where industries are held responsible for
the environmental damage they cause and are required to compensate for it.

3Keshvanand Bharti vs.State of Kerala AIR1973 SC 1461

4 M.C.Mehta vs. Union of India AIR 1987 SC 965

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Overall, the M.C. Mehta v. Union of India case has been instrumental in raising awareness about
environmental issues, promoting environmental conservation, and ensuring that industries follow
strict environmental norms to minimize pollution and protect the environment and public health.

These cases exemplify the dynamic nature of the Indian legal system, where the courts wield
significant discretion and power in interpreting and applying the law, often in complex and
contentious situations.

CONCLUSION:
In conclusion, discretion and the authority of courts are foundational to the functioning of any
legal system, adapting to societal changes while maintaining the rule of law. This balance
underscores the judiciary's crucial role, demanding scrutiny, transparency, accountability, and
fairness. It necessitates careful consideration of individual rights versus the common good,
resource allocation, minority protection, and constitutional values. Our legal system's strength
lies in its adaptability while preserving justice and the rule of law. Pursuing justice is an ongoing
journey, with the responsible exercise of judicial discretion and power guiding us. This requires
wisdom, integrity, and an unwavering commitment to justice, safeguarding citizens' rights and
liberties.
REFERENCES:
https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1956410
https://www.mea.gov.in/Uploads/PublicationDocs/184_india-dynamic-democracy.pdf
https://www.legalserviceindia.com/legal/article-67-administrative-powers-and-discretionary-
powers.html
https://www.cambridge.org/core/books/abs/global-political-morality/three-pillars-of-
democracy/0F6347198CB03066B854070BF303294A#access-block
https://theprint.in/opinion/with-3-pillars-of-democracy-falling-apart-its-time-to-read-the-
constitution-once-again/154721/
https://www.toprankers.com/structure-of-judiciary-in-india

https://www.legalserviceindia.com/legal/article-11884-mc-mehta-v-s-union-of-india-1986-case-
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