“THE FRAMEWORK OF POLITICAL DEVELOPMENT IN THE INDIAN CONSTITUTION”

By: Amit AryaFaculty, BBA Department

Dhanwate National College, Nagpur

ABSTRACT This research-paper solely based on secondary sources of

information hopes to intervene in the ongoing debate around such questions which defines the framework of Political & Social Development in the Indian Constitution and further explore our constitutional challenges in a boisterous democracy. Also this paper hopes to encourage conversation about our current constitutional challenges, and address each of the hereinafter mentioned themes, from the history and politics of judicial appointments to the search for rationality between the different benches of the Supreme Court to our tragic obsession with tribunals. The paper will also reflect upon institutional, structural concerns outside the judiciary, in particular, the Parliament.

THE INDIAN CONSTITUTION A set of rules approved by (majority) representatives of the States to

follow a list of “Do’s” and “Don’ts” with the aim to bring Prosperity, Equality and Just to the people of the nation.

Formally amended over a hundred times and informally reinterpreted in countless judicial decisions, the document symbolize the idea of common nationality and a shared political commitment while its practices reveal shifting socio-political norms, principles, and aspiration.

In numerous instances, public at large has raised its finger pointing the abysmal gap in the Indian Constitution. Some the Cases which left its mark in the history of Constitution’s unenablement are:

CASES TO INTERVENE Double murder case (Arushi), May 2008, Noida New Delhi’s Nirbhaya Rape Case, Dec 2012, New Delhi Shakti Mill Gang rape Case, Aug 2013, Mumbai

THE ASCEND OF INDIAN JUDICIARY Indian Judiciary or The Supreme Court in particular

attained a status in Indian political life by intervening into the matters which is into the interest of Nation and its people when it finds Parliament, Government and other responsible institutions acting to be null, unethical and void.

JUDICIARY’S INTERVENTION The most recent being ODD-EVEN Transport

Regulation in New Delhi Aadhaar Card – an instrument of political

gimmick?

TRIBUNALS a body established to settle certain types of

dispute (a court of justice) Tribunal is: a body of administrative character powered with judicial powers to adjudicate

on question of law or fact that affects rights of citizens

has judicial or a quasi-judicial functions work in a judicial manner

CONCLUSION Madhav Khosla in his book “The Indian

Constitution” rightly criticizes the power given to a Speaker of a legislative assembly to decide on the disqualification of a member for defection.

The perceived reason for creating tribunals is often attributed to the huge backlog of cases and the need for specialization. However, the real reason is that tribunals are an excellent source of post-retirement opportunities for several bureaucrats and High Court judges.

Finally, one must realize that tribunals are primarily meant to resolve disputes; in India, their primary function is to provide employment to retired bureaucrats.

Thank You