This research-paper solely based on secondary sources of information hopes to intervene in the ongoing debate around such questions which defines the framework of Political & Social Development in the Indian Constitution and further explore our constitutional challenges in a boisterous democracy. Also this paper hopes to encourage conversation about our current constitutional challenges, and address each of the hereinafter mentioned themes, from the history and politics of judicial appointments to the search for rationality between the different benches of the Supreme Court to our tragic obsession with tribunals. The paper will also reflect upon institutional, structural concerns outside the judiciary, in particular, the Parliament.
1. “THE FRAMEWORK OF
POLITICAL DEVELOPMENT
IN THE INDIAN
CONSTITUTION”
By: Amit Arya
Faculty, BBA Department
Dhanwate National College, Nagpur
2. ABSTRACT
This research-paper solely based on secondary sources of
information hopes to intervene in the ongoing debate around such
questions which defines the framework of Political & Social
Development in the Indian Constitution and further explore our
constitutional challenges in a boisterous democracy. Also this
paper hopes to encourage conversation about our current
constitutional challenges, and address each of the hereinafter
mentioned themes, from the history and politics of judicial
appointments to the search for rationality between the different
benches of the Supreme Court to our tragic obsession with
tribunals. The paper will also reflect upon institutional, structural
concerns outside the judiciary, in particular, the Parliament.
3. THE INDIAN CONSTITUTION
A set of rules approved by (majority) representatives of the States to
follow a list of “Do’s” and “Don’ts” with the aim to bring
Prosperity, Equality and Just to the people of the nation.
Formally amended over a hundred times and informally
reinterpreted in countless judicial decisions, the document
symbolize the idea of common nationality and a shared political
commitment while its practices reveal shifting socio-political norms,
principles, and aspiration.
In numerous instances, public at large has raised its finger pointing
the abysmal gap in the Indian Constitution. Some the Cases which
left its mark in the history of Constitution’s unenablement are:
4. CASES TO INTERVENE
Double murder case (Arushi), May 2008, Noida
New Delhi’s Nirbhaya Rape Case, Dec 2012, New Delhi
Shakti Mill Gang rape Case, Aug 2013, Mumbai
5. THE ASCEND OF INDIAN JUDICIARY
Indian Judiciary or The Supreme Court in particular
attained a status in Indian political life by intervening
into the matters which is into the interest of Nation and
its people when it finds Parliament, Government and
other responsible institutions acting to be null, unethical
and void.
6. JUDICIARY’S INTERVENTION
The most recent being ODD-EVEN Transport
Regulation in New Delhi
Aadhaar Card – an instrument of political
gimmick?
7. TRIBUNALS
a body established to settle certain types of
dispute (a court of justice)
Tribunal is:
a body of administrative character
powered with judicial powers to adjudicate on
question of law or fact that affects rights of
citizens
has judicial or a quasi-judicial functions
work in a judicial manner
8. CONCLUSION
Madhav Khosla in his book “The Indian
Constitution” rightly criticizes the power given to
a Speaker of a legislative assembly to decide on
the disqualification of a member for defection.
The perceived reason for creating tribunals is
often attributed to the huge backlog of cases and
the need for specialization. However, the real
reason is that tribunals are an excellent source of
post-retirement opportunities for several
bureaucrats and High Court judges.
Finally, one must realize that tribunals are
primarily meant to resolve disputes; in India,
their primary function is to provide employment
to retired bureaucrats.