The Role Of Supreme Court Judgements In Shaping Indian Democracy
The Supreme Court of India has been a cornerstone of democracy, serving as the
guardian of the Constitution and the protector of fundamental rights. Its
judgements have had a profound impact on the political, social, and economic
fabric of the country. This article delves into the pivotal role that Supreme
Court judgements have played in shaping Indian democracy.
Constitutional Supremacy and Judicial Review:
One of the most significant contributions of the Supreme Court to Indian
democracy is the establishment of constitutional supremacy and the practice of
judicial review. The landmark judgement in the Kesavananda Bharati case (1973)
reaffirmed the doctrine of the Basic Structure of the Constitution, ensuring
that no amendments could alter the fundamental framework of the Constitution.
This judgement empowered the judiciary to strike down any legislation that
violated the core principles of democracy, sovereignty, and secularism.
Protection of Fundamental Rights:
The Supreme Court has been instrumental in safeguarding the fundamental rights
of Indian citizens. In the Maneka Gandhi case (1978), the Court expanded the
interpretation of the right to life and personal liberty under Article 21,
emphasizing that these rights should be protected against arbitrary actions by
the state. This judgement laid the foundation for a series of rulings that
bolstered individual freedoms and rights, including the decriminalization of
homosexuality in the Navtej Singh Johar case (2018) and the recognition of
privacy as a fundamental right in the Puttaswamy case (2017).
Promoting Social Justice:
Social justice has been a recurring theme in the Supreme Court's judgements. The
Court has played a vital role in addressing issues related to equality,
discrimination, and social welfare. The Indra Sawhney case (1992), which upheld
the validity of reservations for Other Backward Classes (OBCs) in government
jobs and educational institutions, was a landmark decision promoting social
justice and affirmative action. Similarly, the Supreme Court's intervention in
the Vishaka case (1997) led to the formulation of guidelines to prevent sexual
harassment at the workplace, highlighting the Court's commitment to gender
justice.
Environmental Protection:
The Supreme Court has also been a proactive guardian of the environment. In a
series of judgements, the Court has underscored the importance of sustainable
development and environmental protection. The Vellore Citizens' Welfare Forum
case (1996) introduced the concept of the "precautionary principle" and
"polluter pays" principle, laying the groundwork for environmental jurisprudence
in India. The MC Mehta case concerning the Ganga pollution and the Aravalli case
on mining activities are other notable examples where the Court's interventions
have had far-reaching environmental implications.
Judicial Activism:
Judicial activism has been a defining feature of the Supreme Court's approach,
allowing it to take a proactive stance on issues of public interest. Public
Interest Litigations (PILs) have enabled citizens to seek judicial intervention
in matters affecting the public at large. The Oleum Gas Leak case (1986), which
resulted in the evolution of the "absolute liability" principle, and the Right
to Food case are prominent instances where judicial activism has led to
significant policy changes and improved governance.
Electoral Reforms:
The Supreme Court has been pivotal in driving electoral reforms, ensuring free
and fair elections – a cornerstone of any democracy. The Lily Thomas case
(2013), which disqualified convicted legislators from contesting elections, and
the People's Union for Civil Liberties (PUCL) case (2003), which mandated the
use of Voter-Verified Paper Audit Trails (VVPATs) in elections, are landmark
judgements that have enhanced the integrity of the electoral process.
Strengthening Democratic Institutions:
The Supreme Court has also played a crucial role in strengthening democratic
institutions and upholding the principle of separation of powers. The Supreme
Court Advocates-on-Record Association (SCARA) case (2015) led to the striking
down of the National Judicial Appointments Commission (NJAC) Act, reaffirming
the independence of the judiciary. In the Shreya Singhal case (2015), the Court
struck down Section 66A of the IT Act, protecting the freedom of speech and
expression in the digital age.
Economic Reforms:
The Supreme Court's judgements have had a significant impact on economic reforms
and policies. The Coalgate scam case and the 2G spectrum case, which led to the
cancellation of licenses and allocation, emphasized the need for transparency
and accountability in government dealings. These judgements have paved the way
for more robust regulatory frameworks and fair economic practices.
In conclusion, the Supreme Court of India has been a formidable force in shaping
Indian democracy. Its judgements have not only upheld constitutional values and
protected fundamental rights but have also driven social, environmental, and
economic reforms. The Court's proactive stance, through judicial review and
activism, has ensured that democracy in India remains vibrant, inclusive, and
responsive to the needs of its people. As the highest judicial authority, the
Supreme Court continues to be a beacon of justice, playing a pivotal role in the
evolution of Indian democracy.
Written By: Dr Farrukh Khan is an Advocate enrolled with Delhi Bar
Council and is Partner of Diwan Advocates- a New Delhi based leading Law Firm.
He tweets at @farrukh_diwan
Law Article in India
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