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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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