Thus the judicial activism will draw our attention towards the following important issues:
1. Education of judiciary
2. Representativeness of judiciary
3. Watch on judiciary
First of all, there is a need to attract the bright candidates for legal education. Also the judicial education should not only include technical knowledge on the subject but also ethical and moral concerns of society. For judicial activism to succeed, judiciary must also represent all sections of society: SCs and STs, OBCs, women, minorities, and rural and backward areas. Then there is also the issue of keeping a watch on judiciary. Judiciary is not known for having an unblemished record in delivery of justice. For me the most difficult issue in all this is how representativeness and inclusiveness of judiciary can be combined with the impartial spirit of the Indian constitution. Judicial activism demands that the lawyers, legal institutions and judiciary represent the Indian spirit in case the techno-bureaucratic and political systems fail. The question is: are the causes of failure of techno-bureaucratic and political systems, for example perjury, double standard, self seeking, nepotism, favors, regionalism, casteism such that they will not touch judiciary?
I think that India needs a revolution of values. Equality, liberty and fraternity will make sense only when the Indian people really understand, believe and practice equality. If we fail to understand and actualize equality activism of any sort will not work.
The above analysis shows there are multiple players in development. All of them have their own image of development. All have some strength and some practical limitations. At the moment there seems to be a lack of proper coordination among these players. What is the solution? Think. I do not know the answer. From time to time philosophers, founders of religions, social scientists and political visionaries have shown us the vision of and ways of perfect society – Ram Rajya, communism, scientific socialism, gram swaraj and innumerable other such utopias. They have been applied and failed by human experiences. Perhaps a piecemeal social engineering approach is going to stay in modern times.
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