The Judiciary As An Instrument Of Social And Economic Justice

Authors

  • Supriya Kumari

Keywords:

The judiciary in relations to be directive principles of state policy., Laws to ensure economic and social justice, Judiciary and modern social welfare state, The judiciary has been responsible to the role played by directive principles in implementation of social-economic justice under the Indian Constitutions

Abstract

One of the vital ways to keep human rights safe is by preserving the prevailing role of the judiciary. Standards development by the judiciary have a significant beneficial effect of making the lives of people better and the accomplishment of the government’s goals easier. In addition, these standards may ensure a better understanding of the relationship between the people and their government. When the judiciary makes equitable decisions, those decisions set a valuable precedent for the future resolution of disputes between individuals or between the State and individuals. The judicial process emanating there from provides for the effective implementation of the law, the protection of the rights of individuals and groups, and sets a standard for the subsequent equitable enforcement of the law. Consequently social economic justice receives effective protection in the courts. The Constitution has made provisions for the establishment of the Supreme Court of India to head the judicial system. The Constitution entrusts the judiciary with the administration of justice, including adjudication of disputes and interpretation of laws between citizens and the state and between the Union and a State and State inter so. The judiciary is accountable to the nation and works under the Constitution. The goal of the socio-economic revolution assured by the directive principles of state policy, has to be shared, not shunned, by the judiciary. It must protect basic human rights and pave the way for socio-economic revolution by upholding legislative measures and executive projects designed to secure socio-economic justice to the weaker sections of the population. This constitutional goal of socio-economic justice can be achieved only if the courts adopt a pragmatic and sociological approach without making much a do about the rights in interpreting socio-economic legislations, which contemplate change in the social structure, effect a transition from seridom to freedom or attempt to remake material conditions of the society. Thus “Judges are independent and in the exercise of their judicial functions they are subject to no authorities other than that of the law”.

References

V.S. Deshpande: Setween Truth and Justice, an inaugural address at the All the All India Seminar on Directive Principles Jurisprudence, held at Chandigarh under the auspices of the Department of Law. P.U. Chandigarh, w.e.f. 28.02.1981 to 01.03.1981.

Constitution of India: Article 32.

Ibid: Article 37.

There is a well-recognized distinction between enforceability and cognizability, Chapter V, Supra.

C.A.D. Vol. VII, p. 475 M.V. Pylee, Constitutional Government in India, 334 (1965), Chapter IV Supra.

A.I.R. 1973 S.C. 1461, p. 1950.

A.I.R. 1976 S.C. 1455, p. 1465.

K. Subha Rao: Fundamental Rights under the Constitution of India, p. 1.

V.R. Krishna Iyer: Three Decades of Constitutional Experience, 17 Civil and Military Law Journal, 7.p. 12 (1981).

Ibid.

V.R. Krishna Iyer: Law versus Justice, 64 (1981).

Azad Riksha Puller Union V. State of Punjab, AIR 1981, S.C.14.

M.C. Chagle: The Individual and the State, 17-18 (1961).

K. Subha Rao: Fundamental Rights under the Constitution of India. Page – 4.

Ibid: Article 39.

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Published

30-03-2020

How to Cite

Supriya Kumari. (2020). The Judiciary As An Instrument Of Social And Economic Justice. Research Inspiration: An International Multidisciplinary E-Journal, 5(II), 25–29. Retrieved from http://researchinspiration.com/index.php/ri/article/view/107

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