Changing Role of Judiciary in a Modern Democarcy

By : Mool Chand Sharma

Page No: 227-242

Abstract
In this article,# the author explains how democracy is a web of ‘paradoxes, dilemmas and even contradictions’, how it demands ‘internalisation of values of democracy and constitutional culture’, and ‘how this paradox is a safe path for building a secure and developed society. The author examines role of judiciary in Indian democracy in the light of the fact that every institution including the common public has an obligation to contribute to make democracy a success. The author navigates through the journey of expanding role of judiciary: starting from ‘positivism’ (when judges were confined to ‘resolution of disputes’), to traversing in the domain of policy-making including socialpolicy (of which articulation of Basic Structure doctrine is the supreme example), and now venturing into issues of ‘social justice’ and ‘public-goods’ (which are mainly the preserve of legislative and the executive wings of the State). The author discusses why the judiciary, while handling ‘social justice’ and ‘public-goods’, needs to exercise restraint and be impartial and how this concept of ‘objectivity’ in judiciary is distinct from that in the legislative and executive. The author also discusses the concept of ‘public confidence’ in the judges and relates how it is essential condition realising judicial role especially while dealing with social policy issues.

Author :
Mool Chand Sharma : The then Vice-Chancellor, Central University of Haryana, Mahendragarh (Haryana)