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Role Of Indian Judiciary In The Times Of Necessity





Aditee Arya, Gitarattan International Business School, Affiliated to GGS Indraprastha University


ABSTRACT


The pillar of Judiciary has been made with the function of safeguarding the rights and duties of the citizens and ensure that the government is doing its duty to save the people. Its key function is to protect the rule of law. In the situations where arises emergencies like public health its duty should be to take action to check the legal preparedness of the country in issues like public health. This article will study about the powers, responsibility, and limitations of the judiciary in Indian statutes while dealing with the situations like the coronavirus pandemic. How well are the powers distributed by the Indian laws among the judiciary, the executive, and the legislature. This article will also deal with example of different countries like US in the matter of role of judiciary in the times of need like this pandemic.


Today the world and moreover India is facing a health crisis and India and its people needs the attention of all the three pillars of the Indian democratic system i.e., the legislature, the executive, and the Judiciary. The union has the power to perform its responsibilities by providing people with measures, policies, and medical equipment’s. In this situation what can the judiciary do to save people? Does it start with its role when the union is doing something wrong or when the government is unable to perform the duties and situation has already worsen? These questions will be dealt in the article.


Keywords: pandemic, public health, infringement, rule of law, times of necessity.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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