Comment

Comment by Yogesh Saxena on August 30, 2010 at 10:04pm

Fundamental rights particularly in relation to the poor and disabled do require new remedies for their effective enforcement. Creation of new remedies is interpreted as part of the judicial function in so far as the responsibility for enforcement of fundamental rights is a charge on the Supreme Court. The alienation and ivory tower image of the judiciary, sometimes justified in the name of “independence”, got a severe jolt by the socio-political activism and public self-criticism of judges of the Apex Court led by justice Bhagwati. The search for solutions in the quest for justice is an eternal one in which success and failure are always relative and never complete.
Absolute power is tyranny where as absolute democracy is tyranny and anarchy both. The political groups of revolutionary significance, which present have never imperilled the fundamentals of duty and obedience, the bases of social discipline, in short the most fundamental forces of social and political cohesion. Legislature or the executive ha e created situations which remain sometimes grimly un reconciled, political forces have pushed on to advance their own schemes upon the ruins of the rest. A party in power provokes by its policies a situation in which the economic stability of the society is threatened or where constitutional rules appear as the mere manifestations of the interest of the dominant power in the legislative. The normative and factual aspects of the legal order condition each other and interact closely with one another. A legal system acts as a mediator between social ideals and social reality. In the political and social life of a community, it becomes an effective moulding force for actual human behaviours in the process of balancing individual rights and the common good.