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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

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