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Report No. 58

Role of judiciary in determining important questions of law

10.17. There is another aspect of this problem, to which we must refer. In a democratic State, committed to the ideal of establishment of socio-economic justice and the creation of a new social order of an egalitarian type, it is well-known that the law plays a major role as an instrument of change, and so, it is but natural that questions about the validity of the law or even about the construction of its benevolent provisions are bound to play a major role in assisting democracy in its onward march towards socio-economic justice. In dealing with questions, both constitutional and legal, which the judicial process has to face from time to time, both the lawyers and the judges have to play their role not merely as legal technicians but as jurists. We must note that the stakes involved are very high.

Structure and Jurisdiction of the Higher Judiciary Back

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