Judiciary in Contemporary India: Post-Independence Scripts

Abstract

The framers of the Constitution of India provided the country an independent and impartial judicial system which in coming years has been functioning as one of the foremost institutions of India's republican democracy as an instrument of rule of law. The benefits of a good judicial system are many covering economic, political and social spheres. The importance of the judiciary lies in checking abuses of government power, enforcing property rights, enabling exchanges between private parties and maintaining public order. A balanced, swift, affordable and fair justice delivery system-besides promoting law and order-aids in the development of markets, investment and affects economic growth positively. Good economic policies need strong and accountable institutions to support and implement them. Strong justice institutions thus form the basis of lasting social order as a leading member of the Constitution Drafting Committee predicted, ‘the future evolution of the Indian Constitution will depend to a large extent upon the Supreme Court and the direction given to it by the Court. While its function may be one of interpreting the Constitution, it cannot... ignore the social, economic and political tendencies of the times.