THE JUDUCIARY'S VITAL AND VIBRANT ROLE by Adv. Aires Rodrigues, Ribandar

Today economic and social development is not just about building roads and bridges or increasing taxes. It is increasingly about the rule of law. The rule of law prevails only when there are meaningful and enforceable laws. Laws that ensure transparency, fairness and accountability.

There has to be basic security for the Aam Aadmi. It has to be ensured that there is personal safety and protection of property, and an independent judiciary that safeguards this. And there has to be access to justice to be able to invoke these safeguards.

The Judiciary has vital roles and functions. The judiciary has varied dimensions and specific missions

As a branch of government the judiciary has to uphold the constitution, the rights and liberties that the constitution guarantees, and the policies and principles that it embodies. Being a dispute resolution forum the judiciary’s mission is to ensure that the public has access to the highest standard of justice attainable. It has to ensure proper equitable and expeditious resolution of all cases and controversies brought before the courts. It has to also facilitate and activate alternative forms of dispute resolution to supplement the formal court system.

As a public agency the judiciary’s mission is to provide for, promote, and ensure effective, economical, and efficient use of public resources in the administration of justice. As the country’s legal system the judiciary has to promote effective and expeditious administration of justice. In a fast evolving society the judiciary’s mission is to anticipate and timely respond to society’s changing judicial needs.

A judiciary that embodies these institutional dimensions and missions is an institution based on the society’s legal order and the basis of the rule of law. As part of the society, it must not only be responsive to change as the society as a whole changes, but it must also be deeply aware of its proper role in influencing and shaping the future of the society of which it is an integral part.

The effectiveness of the judiciary and the success of the judicial system ultimately depends on the existence of the rule of law. This can be only achieved with sound and efficient operation of the core legal institutions and the supporting civil society institutions. These are fundamental prerequisites for an effective economic, social, and political order essential for a modern society in our increasingly interdependent world. The institution of the judiciary lies at the heart of a society’s legal order. Without an effective, functioning, and independent judicial system the perils society will face are inevitable and predictable. Uncertainty will prevail in society and the efficient conduct of business and economic affairs will face oppressive burdens. Social integration and development will be strongly resisted. Widespread injustice and deprivation of the rights of ordinary citizens, especially the poor, women, and children, will be there for us to see.

The effectiveness of a judiciary also depends on the parallel development of other institutions and attitudes within the broader society that support, as well as rely upon, a strong, capable, and independent judiciary. However, the need to ensure that the judiciary itself is an effectively functioning institution is paramount.

In a democratic country like ours, the role of judiciary is significant. Judiciary administers justice according to law. It is required to promote justice in a very fair and adjudicatory manner. Judiciary can combat social injustice through its judgments. Otherwise common man will continue to suffer.

In a democracy, the role of judiciary is crucial. Judiciary is a faithful keeper of the constitutional assurances. An independent and impartial judiciary can make the legal system vibrant. Over the years the Indian judiciary has by and large proved to be creative. Credibility of judicial process ultimately depends on the manner of administrating justice.

Judiciary has played a crucial role in socio-economic development of our society. It has played a vital role in ensuring good governance by those holding reigns of power. There can be no two views about the significant role expected of the judiciary in good governance. Our Judiciary has performed well minus the stray rotten apples that have put the judicial system to shame. Evicting the remaining black sheep and ensuring that their likes do not creep into the temples of justice should be our priority. This could happen only when there is transparency and accountability in the selection and appointment of High Court and Supreme Court judges in particular. Only then will it be ensured that the Judiciary plays a real vital and vibrant role it is enshrined for. It will fortify the common man’s faith and trust in Courts, the Aam Aadmi’s last resort.

(the writer can be contacted on 9822684372 or airesrodrigues@yahoo.com )