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Judicial Process as an Instrument of Social Ordering

  • Date Submitted: 05/01/2014 06:37 AM
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Q. Judicial Process as an instrument of Social Ordering.

Introduction

“ Judicial Process” means any judicial proceeding in connection with the dispensation of justice by any court of competent jurisdiction and “ Social Ordering” means activating the instrument of Judicial Process in setting right the wrong done or eliminating injustice from the society. But here we are mainly concerned with role of the constitutional courts evolving new juristic principles during the course of judicial process for upholding social order keeping in view the need of fast changing society. Therefore, it would be appropriate to examine as to whether Judicial Process , is an instrument of social ordering?

Article 32: Instrument of Social Ordering
Article 32 of the Constitution empowers the Supreme Court to issue directions or orders or writs for enforcement of any right conferred under the Constitution for securing social justice. The Supreme Court has granted great relief in cases of social injustice to the affected groups of the society under this provision. Article 32 is an important instrument of judicial process to enforce social ordering. Article 32 of the Constitution of India itself is a fundamental right, which accorded free hand to the Judicial Process enable the Supreme Court to take suitable action for the enforcement of social order. Deprivation of the fundamental rights often results in to social disorder. The Supreme Court is a sentinel of all fundamental rights, and we are satisfied to see that the Apex Court has taken recourse of judicial process effectively in every area of social disorder to set it right and granted relief for each type of evil prevailing in the society. The Supreme Court has played positive role in implementing social order. 

Now it will be appropriate to examine the areas in which judicial process played a vital role in eliminating social dis-order:- 

Backward Classes of the Society
In "Indra Sawhney v. Union of India", AIR 1993...

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