Indian Judiciary and Street Vending

In a democratic set-up, the ”rule of law” is the heart of democracy. If justice is not easily accessible to every citizen, there can hardly be “rule of law”. So far as the conventional functional separation between the various organs of the legal system is concerned, the judiciary’s role comes to the fore only on the enactment of the statute. In the process of interpretation of various statutes, the judiciary promotes or obstructs the objective of a law- a process which is of special significance in the background of social change. Law in short is what the judge asserts by his legal interpretation in a judgment. Even when a particular area is covered by a statute, it is the judge who construes the legal provisions. In this process the judge tries to uncover the intent of the legislature and in this milieu it is his ultimate word as to what the legislature deliberated and hence, what the law is.