Supreme Court of India: Institutional Integrity and Uniform Evolution of Law

Law evolves in a manner similar to that of civilizations, cultures et al. It needs time for attaining sufficient maturity and space for its increasing girth. Social conditions and interactions therein form the catalysts for this evolution and the courts of law give it direction and act as modulators. Institutional integrity is essential for formalization of the product of this evolution and its modulation. And formalization expects that the formulation of law resulting out of the precipitate of judicial considerations is upheld avowedly by all the stakeholders. Article 141 of the Constitution is one instrument which seeks to sustain institutional integrity of the Supreme Court.

This emphasis on institutional integrity is all well only till the other component of the evolutionary process is given proportionate resources required. The time component of the process is sufficiently provided for by requiring all the courts to follow the formulations given by the Supreme court but the space component is completely neglected. The Supreme Court being the highest court of law in the country is expected to ascribe to the highest ideal for interpretation and formulation of law but nowhere in its portfolio has it been formally assigned with this expected ascription. The process of evolution of law, having its cradle in social interactions, is modulated and steered by the Supreme Court and the High Courts only which means that sufficient space and time for judicial consideration of legislation is indispensable if law must evolve in a mature manner.

The declaration that law declared by the Supreme Court shall be binding on all the other courts within the territory of India, with its almost instantaneous

Being a leader.

A leader is someone who can lead and who indeed leads people and leading means showing the way. Following a given way depends on who suggests that path and when the suggestion comes from a faithful person, following comes easy and early. Showing path means holding the lantern and persuading the voyagers to follow it.

A leader has to be a person of reposed faith. Only then can his leadership bear fruit. Unfaithful person's lead is never followed. And when it comes to leading the national level masses. the degree of faith ought to be such that lest the journey of the masses on the path shown by the leader be halted by baseless propaganda against the leader.

Economy and Governance

Democracy being inclusive postulates that all the members of the society shall participate in the governance and such participation relates to economy as well. The federal system of governance is aimed at better administration and management of the society and it can best work with decentralized powers because then only the federation can become democratic indeed. Economy administration forms an essential and important part of the social life and being so, it needs the participation and consideration of those who form the social life. Budget affects the national life in myriad ways as it penetrates the social fabric down to even the least highest person in the society.

Budget is proposal about how the national resources are to be allocated during the given year and this allocation affects the members of the society because these are the resources which are in the ultimate analysis owned by them. No matter who has been elected by people and given the power of representing their interests, the ultimate decision must be of the population only. They are the best judges of their interests which depend on such allocation.

Democracy in its essence will transcend to the lowest level of the socio-political set-up only when the capacity to influence and direct the governance will be restored to the people. The objective of the leaders ought not be elevating the lives of members of the society rather their aim must be to capacitate the members to be able to take best care of their interests.

Capacity building in the masses so as to enable them for self-governance involves bringing to them the awareness about their interests and the measures to secure them.

Society is an evolving entity and its direction cannot be determined by few individuals who have been given power to represent the interests. Interests are not static and straight jacket measures can never serve the purpose. The ultimate end of socio-political set-up is and ought to be self-regulation.

Democracy

Democracy is not just a system of governance rather it’s a system of social existence. Governance is not the primary purpose or the end, rather social co-existence is the end. Democracy is the way to that co-existence. All other measures aiming at providing governance to the society will prove to be inadequate. Society knows itself as being composed of diverse tendencies so the thought of governing itself is the outcome of the introspection by the society. Democracy, keeping aside the way it is to be executed, is the ideal because it has the society at its core, with the conglomeration of social tendencies and intentions. The need for governance is inherent in the society owing to its diversity and this need cannot be satisfactorily served unless the governance is inclusive i.e. unless it is democratic.