Column | A judge’s burden: Why India’s judicial reforms must begin at the foundation
Source Entity
The Indian Express
Justice Rajiv Shakdher reflects on the 76-year journey of the Indian Supreme Court, emphasizing the need for structural reform. The analysis calls for a return to the court's foundational commitment to equality, social justice, and protecting the marginalized.
The Foundational Mandate of the Indian Supreme Court
The inception of the Indian Supreme Court on January 28, 1950, represented a watershed moment in the nation's post-colonial history. Emerging just two days after the Constitution took effect, the institution was envisioned as the ultimate guardian of democratic values. As noted by Justice Rajiv Shakdher, the court was designed to protect the freedom of thought and action, ensuring that the state remains accountable to its citizens. This foundational period was characterized by a profound optimism that the judiciary would act as a bulwark against authoritarianism and systemic inequality.
The Vision of Pluralism and Equity
At the core of the court's original mandate was the pursuit of a pluralistic society. The judiciary was tasked with safeguarding the rights of the poor and marginalized, ensuring that the law functioned as an equalizer rather than a tool for the powerful. The expectation was that income and wealth disparities would not dictate one's access to justice or progress. Equity was intended to be the 'Grundnorm'—the fundamental basis—of Indian society, rather than an optional measure applied only for convenience or political expediency.
Introspection After 76 Years
After more than seven decades, the Indian Supreme Court stands at a critical juncture. While the institution has achieved significant milestones, Justice Shakdher highlights the necessity for rigorous introspection. Examining the current state of the judiciary requires an honest assessment of where the institution may have veered off its chosen path. This process of self-reflection is essential for identifying the disconnect between the high expectations set in 1950 and the contemporary reality of judicial functioning.
The Necessity of Structural Reform
Judicial reform in India cannot be merely cosmetic; it must begin at the foundation. To restore the public's faith in the judiciary as an impartial protector of rights, the institution must re-engage with its original constitutional objectives. This involves addressing the systemic barriers that currently hinder the marginalized from accessing justice effectively. Strengthening the judiciary requires a commitment to transparency and a renewed focus on the principles that define a democratic state.
Future Trends and Judicial Resilience
Looking ahead, the resilience of India's democracy will largely depend on the Supreme Court's ability to correct its trajectory. Future trends suggest that the judiciary must address the growing backlog of cases and the perception of elite capture to remain relevant. By prioritizing the protection of civil liberties and re-centering the Grundnorm of equity, the court can reclaim its role as the conscience of the nation. The path forward demands an unwavering adherence to the egalitarian spirit that brought the institution into existence in 1950.