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Report No. 95

3.24. Role of the court.-

In such controversies, the role of the Court is that of articulating a broad norm which fits the facts of the dispute before it and also transcends that particular dispute. In this process, the Court is acting as a national conscience for the people of India, and not merely as an arbiter of insignificant disputes. A standard comes to be erected towards which men and governments can aspire. To the extent to which controversies reach the court, it could help articulate, in broad principle, the goals of Indian society. Viewed from this angle, the effects of a given decision, in constitutional law assume great importance. It is for this reason that judges should have adequate materials placed before them, adequate time available to them and, of course, adequate resources at their disposal. More than all this, it is important that they are enabled to develop the broad approach demanded in constitutional adjudication.



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