The Hindu : 'Judiciary facing new challenges'

Online edition of India's National Newspaper
Thursday, Apr 10, 2003

Southern States

Southern States - Kerala-Thiruvananthapuram

'Judiciary facing new challenges'

By Our Staff Reporter

THIRUVANANTHAPURAM April 9. The biggest challenge before the Indian judiciary today is to evolve a jurisprudence that will read the Constitution according to the spirit of the times while keeping in mind the interests of the Indian people, the Vice-Chancellor of the University of Juridical Sciences, N. R. Madhava Menon, has said.

He was delivering the seventh K. M. Bashir memorial lecture, organised by the Vakkom Moulavi Foundation Trust here today.

Till 1991, the jurisprudence of the Indian judiciary was essentially socialist. Now, in the era of liberalisation and globalisation, the ground realities and the ethos are different.

What the judiciary will have to decide is where it will stand on issues such as education and agriculture; issues which are going to be thrown up before the courts in a big way.

The recent decision of the Supreme court on the issue of private enterprise in professional education and allied issues can be taken a signal from the judiciary as to which way one can expect it to move, he said.

The judicial apparatus should tune itself in to the digital era, using computers and modern communication technology and should adopt procedures to enhance its efficiency. So far the judiciary has been relatively untouched by developments in technology.

Corruption in the judiciary is a worrying phenomenon. A corrupt judge being doubly dangerous as he is the one to enforce the writ of the Constitution and ensure that no arm of governance violates laws, Mr. Menon said.

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