Modern Jurisprudence in India

             It is a systematized study of law with objective phenomena. Natural law theories were followed the early stages that was replaced by positivism. Sociological Studies, Normative Studies and the present modern studies of law would deeply help us to know on what foundations the law of the country is built up. Every country has its own Judicial System, based on the philosophy of its society.

            Judiciary is the bed-rock of the edifice of our constitution. Chasm is widening between the rich and the poor. An almost impregnable fortress of judicial in-violability. The Indian Constitution is the corner-stone of a nation. The Fundamental Rights are no doubt important and valuable in a democracy. But there cannot be real democracy without social and economic Justice to the common man.

            To create socio-economic condition in which social economic justice to everyone is ensured in the Directive Principles of State Policy. Therefore the Directive Principles of State Policy which nourishes the rules of our democracy, provide strength and vigour and attempt to make it a real Participatory Democracy which does not remain merely a Political Democracy, but a social and economic democracy is more imperative for the success of the Democracy. Therefore, the fundamental rights and the Directive Principles of State Policy are the two eyes of the constitution.

            In India, the Indian Courts are said to be the Temples of the Justice, a seat civility and a place for culture. The Modern Indian Courts are not mere a place of making order, not delivering justice. But in the recent times an unhealthy Development took place, which may, as feared distort the constitutional framework itself. All the three organs of the constitution via, The Legislature, The Executive and The Judiciary, have started not only grumbling but also echo in and criticizing each other, and attributing the failure of effective functioning of Democracy, Federal-form of government. Achieving Social Justice and Equality. This is an unfortunate situation which is fast growing by mates-and-bounds. But instead of criticizing each other if they work collectively keeping in view of welfare of the people on India. The Indian Democracy would always flourish with flying colours. It is the constitution intended for establishment of harmonious relationship among the three organs. In order to avoid to face failure of the system itself. India and Indians are looking towards the sky for the angels and nationalist souls to come and to spread every corner of the biggest Democracy to the spirit of constitution of India which was framed and adopted as self rule of law for the coming generations in free India. If the Judicial System in India is allowed to crumble, Justice would be denied to the common man beyond reach. As the other two organs are already eclipsed due to corruption and selfish and greedy evil forces. However, the function of Judiciary is distinctly different from other organs of the state and in the good sense, its function is Devine. Today, Judiciary is the repository of public faith, it is the trustee of the people. The custodian of their fundamental rights guaranteed in the constitution, and ultimately it is the last hope of the people. The people of this country knock the doors of the Judiciary as a last resort craving for justice. Judiciary is only the temple which is worshiped by every citizen of the nation. To live up to the expectations of the people, it must rise above board. Integrity is the hallmark of judicial discipline. It is right time that the Judiciary must take utmost care to see that the temple of Justice does not crack from inside, which will lead to catastrophe in the Justice delivery system resulting in the failure of public conference, in the system itself. We must remember that wood-peckers inside pose a larger threat than the storm from outside.

             Rule of law is the root cause for development of Indian Judicial System. One of the attributes is the quality in law and in practice as per the constitutional mandates, all citizens are equal in law, and law equally protects all persons. Rule of Law cannot survive in unequal society. Equality without opportunity in Treatment, Status, Education, and Employment in Government is nothing but an empty slogan. It is spelt out in greater details in chapter III and IV of the constitution, dealing with Fundamental Rights and Directive Principles. To what extent such rule of law claimed in terms of equality has been achieved in such a codifying is nothing but an issue with divergent views and varying options. However, the role of Judiciary and its Constitution maintenance and sustenance of rule of law has been significant and substantial so fear. For variety of reasons, function of Judiciary is widening and expanding. It is in this context, that need to reshape and reinforce our Judicial System which assumes higher, wider and broader dimension. The constitution represents the lightest level of positive law. All laws enacted by the legislature must conform to the prescriptions and restrictions contained in the constitution. And any deviation from that is invalid. 


Post a Comment