GOVERNANCE AND ACCOUNTABILITY IN A LAW OF LAND DEMOCRACY: JUDICIARY AS THE SENTINEL OF THE LAW OF LAND- REFLECTIONS AND CRITIQUES

Abstract

As disputes are common in any society and hence in order to overwhelms the same, every society or country needs some framework that must provide rules for ruling the country, hence, in present era, various countries adopt the democracy and the law of land for better governing the country In a democracy the government is of the public, by the public and for the public. Unlike monarchy where the rule is of king. The Law of land is the basic law of the land which de-classify the powers between the different parts of the government meaning thereby no organ is supreme in India and in India it is the Law of land which is supreme. Hence there is need that the power exercised by these organs to be within law of land boundaries. This can be further fortified by the fact that Governance and accountability are vital pillars of a law of land al democracy which ensures that power is exercised within the law of land. This paper examines the meaning and importance of law of land and rule of law and Separation of Power under the Law of land and the role exercised by the aforesaid organs in their respective spheres. Under the Law of land, the judiciary serves as the guardian or watchdog of the Law of land, assigned to uphold democratic values, protecting fundamental rights, and maintaining the delicate balance between the executive and legislative branches. This paper further examines the judiciary’s role in ensuring law of land governance, focusing on its authority to interpret laws, its responsibility in addressing rights violations, and the ongoing debate surrounding judicial activism and restraint.

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