High Court and the Supreme Court

When we talk of judiciary we usually talk of the High Court and the Supreme Court. The primary function of the courts is the resolution of disputes. Self help by force can’t prevail in any democratic set-up. This thinking is the very foundation of judiciary. The recent years have witnessed the constant trend of the expansion of the judicial role. Judicialization of society is on the increase. The concept of the welfare state has multiplied activities of the state and that has resulted into mutual clashes between party/parties in power and the opposition. The ruling party to keep its vote bank intact may adopt measures that go beyond the spirit of the Constitution. For example, the issue of office of profit has become a battling ground amongst various parties and the judiciary may have to intervene to let the dust settle down. Public Interest Litigation has also enhanced the activities and functions of judiciary. The courts have begun to take a more active role even in policy making. Consumer issues, environmentalism and civil rights have resulted into an increase in legislation and in return plethora of disputes has cropped up for the consideration of the judiciary. Many a time the legislatures leave many questions undecided and then the judiciary has to step into to fill the gaps. Review of legislation has given many new responsibilities to the courts. Courts shape the society through innovative and creative judgments. They educate and reprimand parties. Above all interdependence between the independent justice and the protection of human rights has changed the scenario. Human rights are futile and worthless if there is no mechanism to enforce them. Independent and impartial judiciary is imperative for that.