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8 Indian J.L. & Just. 35 (2017)
Development Dialogue in Globalised India: Role of the Judiciary

handle is hein.journals/ijlj8 and id is 45 raw text is: DEVELOPMENT DIALOGUE IN GLOBALISED INDIA: ROLE OF THE JUDICIARY Dr. Sujit Kumar Biswas1 I. Introduction The members of the Indian Constituent Assembly brought to the framing of the judicial provisions of the Constitution an idealism equaled only by that shown towards the Fundamental Rights. Indeed, the Judiciary was seen as an extension of the Rights, for it was the courts that would give the Rights force. The Judiciary was to be an arm of the social revolution, upholding the equality that Indians had longed for during colonial days, but had not gained-not simply because the regime was colonial, and perforce repressive, but largely because the British had feared that social change would endanger their rule. The courts were idealized because, as guardians of the Constitution, they would be the expression of the new law created by Indians for Indians. The courts were, therefore, widely considered one of the most tangible evidences of independence.2 As remarked by Chief Justice Marshall in Marbury v. Maddison3, it is for the Court to say what the law is It was realized that democracy cannot survive without an independent judiciary assisted by an independent legal profession. There are inevitable conflicts of view between an executive taking action which ministers deem to be in the public interest and an independent judiciary charged with ensuring that executive action does not exceed the powers conferred by the Constitution or infringes the rule of law. The Supreme Court has also to be vigilant to protect the integrity of the Constitution from an impatient Parliament asserting total supremacy through the operation of the express power contained in the Constitution for the amendment of the Constitution. It was aptly remarked by M. Ananthasayanam Ayyangar during the Constituent Assembly Debates that the Supreme Court is the supreme guardian of the citizen's rights in any democracy4. 1 Assistant Professor, Department of Law, University of North Bengal, Raja Rammohunpur-734013, District Darjeeling, West Bengal 2 Granville Williams, The Indian Constitution-Cornerstone of a Nation, p.164 (5th Edition 2002) 3 (1803) 2 L Ed 60 quoted by Justice R.C.Lahoti, Judicial Activism-Constitutional Obligation of the Courts, AIR 2005 Journal 177 4 Constituent Assembly Debates, Vol. VII, pg. 940

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