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.
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