LLM Notes: Judge has to exercise discretion informed by tradition, methodized by analogy, disciplined by system, and subordinated to the primordial necessity or order in the social life. discuss the nature of judicial process in india

 The judicial process in India embodies a delicate balance between tradition, systemic discipline, analogical reasoning, and the overarching goal of maintaining social order. Rooted in both ancient legal traditions and modern constitutional principles, it operates through a structured hierarchy while allowing judges discretionary powers tempered by legal frameworks.

Tradition-Informed Discretion

India’s judiciary draws from a rich heritage of legal principles, including ancient systems that emphasized natural justice, fair hearings, and hierarchical appeals. These traditions evolved into constitutional values such as the rule of law and separation of powers, which guide judges in interpreting statutes and safeguarding fundamental rights. For instance, the Supreme Court’s role as the guardian of the Constitution ensures that discretionary decisions align with India’s democratic ethos.

Methodized by Analogy

Judicial decisions are methodized through precedent-based reasoning (stare decisis), ensuring consistency and predictability. The hierarchical structure—subordinate courts, High Courts, and the Supreme Court—facilitates this by binding lower courts to higher court rulings. For example, landmark cases like Indra Sawhney v. Union of India (1992) established precedents for affirmative action, demonstrating how analogical reasoning addresses contemporary social issues while respecting legal continuity.

Disciplined by System

The judiciary functions within a three-tiered structure (Supreme Court, High Courts, subordinate courts) and adheres to procedural rigor. Constitutional provisions like Articles 14, 19, and 21 act as checks on arbitrary administrative discretion, requiring decisions to be reasoned and non-discriminatory. Judicial review powers enable courts to invalidate laws violating constitutional principles, ensuring systemic accountability. Additionally, principles of natural justice (e.g., bias-free hearings, right to reply) are enforced across judicial, quasi-judicial, and administrative proceedings.

Subordinated to Social Order

The judicial process prioritizes social harmony by resolving disputes and upholding constitutional goals. For example, courts have balanced individual rights with collective welfare in cases involving reservations (social justice) and public interest litigation (environmental protection). The Supreme Court’s discretionary powers under Articles 136 and 142 allow it to intervene in exceptional cases to ensure justice and systemic integrity, reflecting its role as a custodian of social order.

In essence, India’s judicial process harmonizes historical wisdom, structured legal reasoning, and societal needs to uphold justice while maintaining constitutional democracy. By integrating tradition with modern legal frameworks, it ensures that judicial discretion remains a tool for equitable governance rather than arbitrary power.

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