Date : 16/08/2023

Relevance – GS Paper 2 – Polity – Constitutional Development

Keywords – Accessing Justice, Citizen participation, Transparency, Judiciary

Context

The journey of India's constitutional democracy is a testament to a profound transformation from colonial subjugation to the dismantling of a centuries-old social hierarchy. This evolution, however, was far from smooth; it demanded persistent efforts to preserve the hard-fought gains achieved during the struggle against systemic oppression. Visionary leaders of the nation laid the groundwork for replacing the colonial governance model with institutional democracy, anchored in the principles of liberty, equality, and fraternity. A pivotal step in this transformation was the adoption of the Indian Constitution, a document that ushered in a new era of political power transfer and held the promise of societal transformation.

The Promise of Democracy and the Role of Courts

Foundations and Challenges

India's transition to constitutional democracy was met with skepticism by those who questioned its viability without essential prerequisites. The prerequisites for sustaining democracy included social equality, political literacy, and the development of a robust institutional culture. Nonetheless, the Constitution was not oblivious to the potential challenges and entrusted democratic institutions with the responsibility of addressing them, thereby shaping the trajectory of democracy in the country.

Crucial Role of the Judiciary

At the heart of India's constitutional democracy stands the judiciary, playing a vital role in safeguarding individuals and marginalized groups from societal injustices and arbitrary actions. Beyond mere interpreters of the law, courts serve as platforms for democratic participation and catalysts for reshaping societal inequities. Particularly, the Supreme Court serves as both a constitutional court and the ultimate court of appeal, fostering an ongoing constitutional dialogue between citizens and institutions.

Overcoming Barriers to Accessing Justice

Challenges in Accessibility

A critical challenge facing the judiciary is the barrier to accessing justice. Physical court buildings and rigid procedural rules can impede access and shrink democratic space. Embracing technology becomes crucial in breaking down these barriers and making justice more inclusive. Initiatives like screen-readable court files and websites for persons with disabilities exemplify the transformative potential of technology.

Transparency and Public Awareness

Opacity within the legal process creates a gap between the courts and a substantial portion of the population. Initiatives like live-streaming court proceedings, translation of judgments into various languages, and transcription of oral arguments enhance transparency and promote understanding of the justice delivery system. Video conferencing further democratizes access, bridging the divide caused by symbolic opaqueness.

Quality Justice and Legitimacy

Beyond transparency, the delivery of quality justice is essential to instill public confidence and strengthen the legitimacy of the courts. In an age of social media scrutiny, judicial conduct both inside and outside the courtroom is of paramount importance. Addressing inherent human biases is crucial in preventing their influence on judicial decision-making. An empathetic and humane approach to law enhances accessibility and ensures that justice remains just.

Citizen Participation and the Future of the Judiciary

Empowering Citizens and Ensuring Accountability

Transparency and accountability within constitutional institutions are deeply intertwined with citizen participation. As diverse citizens of a pluralistic nation, it is our duty to engage in democratic processes, seek answers about the functioning of institutions, and demand transparency and accountability from the courts. The efficiency of these institutions rests on their ability to fulfill their constitutional duties.

Efficiency, Innovation, and Adaptability

Efficiency is a linchpin of effective judicial functioning. The Supreme Court, leading by example, has embraced the digital landscape, utilizing technology to manage caseloads, establish paperless courts, and enhance judicial infrastructure. Collaboration with academic institutions and start-ups is crucial to introducing innovative approaches to judicial processes. The court's leadership hinges on its adaptability to a rapidly globalizing world, while upholding the rule of law.

Conclusion

As India's judiciary moves beyond the 75th year of independence, its continued relevance and effectiveness rest on a steadfast commitment to its constitutional conscience. This commitment must be embedded in the individual and collective efforts of judges and the institution as a whole. A dedication to justice, efficiency, adaptability, and transparency will define the judiciary's role in shaping India's future. The evolution of constitutional democracy is a journey that requires constant vigilance and proactive engagement, ensuring that the ideals of liberty, equality, and fraternity remain the guiding principles of the nation's governance.

The trajectory of India's constitutional democracy illustrates a transformative shift from colonial rule to a more inclusive societal structure. This journey, while fraught with challenges, has led to the establishment of a robust democratic framework. The role of the judiciary, with its focus on ensuring access to justice and upholding democratic principles, remains central to this evolution. By embracing technology, enhancing transparency, and delivering quality justice, the judiciary can overcome barriers and strengthen its legitimacy. As citizens, active participation and accountability are our responsibilities, ensuring the continued relevance and efficacy of constitutional institutions. Looking ahead, an adaptable, efficient, and transparent judiciary will be the cornerstone of India's future progress, as it upholds the constitutional conscience and safeguards the cherished principles of liberty, equality, and fraternity.

Source – Indian Express