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Friday, October 10, 2008

Establish a rule of law society in India

The main challenge for the Indian democracy and its governance has been social, economic and political developments. And, with this the rule of law is still not sufficiently protected in the Indian society. Though we have achieved social and economic progress, not much efforts have been put to successfully protect the rule of law. Therefore, it’s a challenge for the Indian democracy and poses grave threat to governance. The first reason why the rule of law in the Indian society has not achieved the intended results is that the deeply embedded values of constitutionalism or abiding by the Constitution of India have not taken roots in the society. There has been a lot of abuse of power by various institutions protecting the rule of law and they have also failed to fulfill their promise.
The Indian judiciary has always moved hand-in-hand with our Constitution with a view to promote social justice. If we go to interpret the deeper meaning of fundamental rights creating new avenues for seeking remedies for human rights violations through Public Interest Litigation (PIL) pleas and promoting genuine judicial interventions in the areas of child labour, bonded labour, clean and healthy environment, the women’s rights are a few examples how our judicial system has upheld the rule of law and ensured justice.
The enforcement of the rule of law and its protection can be done by shaping a number of factors, which will improve the capacity of the legal system to respond to injustices. There is a need to critically examine the effectiveness of the Indian democracy, given the fact that corruption is institutionalised in all spheres of governance.
The laws that are constantly violated for creating a vicious cycle of bribery have resulted in a cynical attitude towards law enforcement. Even anti-corruption laws that are occasionally enforced have settled scores with the opposition. This has given rise to a twin problem of criminalisation of politics and politicisation of crime.
Firstly, the role of law schools and legal education should be promoted given the ability to promote the new and innovative ideas in shaping the minds of lawyers in preparing to solve the problems of the country and the legal system at large.

Secondly, the lawyers of our country have a responsibility to recognise the problems of the legal system and conquer the gap between the law in books and the law that is practiced. They are to fulfill the role of law as an instrument of social change.
Thirdly, the judiciary and the justice delivery system also has to be taken in account. There is a lack of access to justice, therefore, providing justice to the victims of various forms of injustice has to be made profoundly significant and should be taken care of that the innocent is given justice.
Also, the working of the lower courts in India has to be significant improved. There should be establishment of various judicial institutions to identify the problems of justice delivery system and how far judiciary can help in establishing a rule of law society.
As a conclusion, we can say that democracy and the rule of law cannot be separated from each other, they are connected with each other. Urgent steps are needed to establish a rule of law society in India without which our fundamental credentials as a democracy will be seriously undermined.

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