Post Independence amendments in the judiciary system

“यतो धर्मस्ततो जयः” The inscription in Sanskrit on the emblem of Supreme Court means “Where there is Dharma, there will be Victory.”

Whether it was an iconic tussle over the Ram Mandir or the Lifting of ban on entry of women inside Sabarimala Temple or Decriminalisation of Gay Sex – Section 377 Partly struck down or the Triple talaq case. There have been some iconic & historic decisions in the past few years. These were possible only because of the respectable Judiciary System in  India.

Indian Law is a unique blend of English, Hindu, Islamic and other influences upon a culture that has a long history of 3000 years. Today, when we look at the judiciary of India, it is very well organized and systematic. The credits of the formation and relevance of laws dating back to ancient India when Kautilya wrote Arthshastra around 300BC. Manusmriti was compiled between 200BC and 100AD.

Thus, the various sources of law relied upon by kings at that time were shrutis, smritis, Puranas, dharma sutras, etc. And the study of these important books is evidence that in ancient India, we had a well-developed and sophisticated system of administration of justice. Sir William Jones, who came to India in 1774 as one of the first judges of the Supreme Court of judicature of Bengal, learned Sanskrit and undertook an authoritative translation of Manusmriti.

There may be a divergence of opinion about the concept of Governance amongst the conservatives and the liberals; socialists and the communists. But one thing, where there is no discord, is the role of the judiciary in ensuring good governance.

An efficient, effective, and democratic Governance is the best guarantor of Social Justice as well as an orderly society. And good governance is the key. At the heart of good governance lies the assurance of the safety of people, particularly, the security of life, personal liberty, and property. When good governance is failsafe, citizens go about their business and pursuits with enhanced expectations.

The concept of good governance is undoubtedly linked with the citizens’ Right to Life, Liberty, and Pursuit of Happiness. In a democracy, this can be secured only through the rule of law. The critical responsibility of proper implementation of the rule of law lies substantially upon the judiciary. Thus, the right of the people to access to Justice plays a decisive role in ensuring good governance.

There have been 104 amendments in the constitution of India up to January 2020. 2020 is an era in which a person accesses the internet to find his/her rights and obligations. Where to launch a complaint, one needs to just draft an email or message. When the world, country & citizens are moving fast, our Judiciary needs to maintain the same pace.

Although it is said that many cases remain pending for years but Indian Judiciary has evolved a lot after 1950. The new amendments in the constitution empower India and treat all citizens as one. In a world where people are learning about their rights and forgetting about their obligation, it is no easy task to have authoritative powers. As the well-informed citizens of India, we must remember, Judiciary exists for interpretation of the laws so that the legislature does not get away with anything which is inconsistent with the Constitution.