The present study is limited to constitutional frame work of Judiciary relating to appointments, powers, functions, Independent Nature and Accountability.
Indian Judiciary particularly Higher Judiciary consisting of the Indian Courts namely the Supreme Court of India and High Court has been exercising a variety of powers and functions. The independent Indian Judiciary is protecting fundamental rights, Federal Character, supremacy of the constitution. It has played a creative and constructive role, revolving doctrines role like basic structure, public interest litigation (PIL), in its activist role. The Indian Judiciary gives top priority for upholding basic features of the constitution. However, due to misbehaviour and non-functions of same Judges. The Indian Judiciary is at present subjected to be criticized. For decoration of modern values, corruption, misuse of powers and other unhealthy practices. All these developments lead to the image of Judiciary being sullied to a certain extent. The present study is limited to understand the nature of Indian Judiciary and its accountability.
Though conception ally, traditionally and notionally, it is the legislature which makes the laws but it is the Judge made law in actual practice that holds the field. Thus the importance of Judicial Decision of the Supreme Court as an important source of low – making process. There is not in common law development is permitted, but in absolute law, there must be at least a presumption that parliament has, on the topic, it is dealing with, said all that it wanted to say. But according to Justice V.R.Krishna Iyer – Judicial Activism is a device to accomplish the cherished goal of Social Justice. After all social Justice is achieved not, only lawlessness process, but legally turned affirmatively action and interpretation within the parameters of “Corpus Jurist Project”. Social Justice is the constitutional promise, the performance of which assigned an activist role to the court and this is radical departure from the conventional Judicial Function of British and American Judges. Law has to be developed by Judicial Interpretation to such a situation. The Judge must consciously seek to mould the law so as to serve the needs of the time. He must consider the structure as a whole building for the society, a system of law, which is strong, durable and Justice and on his work the civilized society itself depends.
The courts are having due weightage to the changing Economic and Social Scenario and trying to adopt its approaches to the problems, changing old norms and re-examining age old interpretation and legal doctrines and dogmas, the approach of the Supreme Court on Human Rights, Fundamental Rights, Right to life and liberty. In the past 60 years, there by the Supreme Court of India stood like a champion of Human Rights and saviour of peoples’ interest at times of turbulence and turmoil situations.
The Indian Judiciary with its Independent nature projects the constitution supremacy through its active role. However, due to same unhealthy practices like corruption, misuse of powers, in recent times, it is criticized. Unless, same Judicial Reforms are immediately brought the checks and Balances under the Indian Constitution cannot be protected well.
To protect the Indian Democratic Values and the Indian Judiciary must be made more transparent and accountable.
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