Indian Journal of Law and Justice

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Indian Journal of Law and Justice (ISSN : 0976-3570 ) is a peer-reviewed Journal published in March and September, by the Department of Law, University of North Bengal, Darjeeling, West Bengal, India. The Indian Journal of Law and Justice are intended to provide a forum for analysis and research on various aspects of law. The IJLJ also invites Research papers, Articles and Technical notes/comments on law and law related issues. For further details see Focus and scope.

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Author: search.filters.author.Biswas, Sujit KumarSubject: search.filters.subject.Constitution

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    Role of the Judiciary in Bringing out Social Transformation in India after Independence
    (University of North Bengal, 2020-03) Biswas, Sujit Kumar
    Society in India has always been very complex. Diversity of culture, religion, philosophy and political thought has been the essence of India.In 1950, the Constitution of India came into force and India became a ‘Republic’ and a nation with federal structure. States were divided on the basis of language and also culture. The multicultural characteristic of the country became more prominent than before. However, the ‘will of the people’ was reflected in the Constitution and the foundation of ‘Rule of Law’, good governance and respect for multiculturalism was laid therein. The goal of a new and vibrant India was in the minds of the Legislature, who were mostly the freedom fighters and who had dreamt of a new India. However, with the passage of time the interest of the common man receded in the background and they were left helpless and hapless. It was at this time the judiciary took up the task of acting as a catalyst in bringing about social change according to the changing needs of the society. The Indian judiciary rejected the British concept of dictatorship in the legal framework and evolved new devices to balance the conflicting needs of the society. The Indian judiciary while rejecting the Austinian brand of legal positivism reconciled both the conflicting interests of the society. Over the years legal justice has made way for social justice through a dynamic judicial process and creative jurisprudence which affirmatively rights both ancient and recent wrongs. There has now been a remedial realism to forensic formalism.