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Mainstream, Vol 63 No 51-52 December 20 & December 27 2025 (Annual Number)

Indian Judiciary as Development Constraint: Rhetoric vs. Reality | Nayakara Veeresha

Sunday 21 December 2025, by Nayakara Veeresha

Abstract

The functioning of democracy depends upon the harmonious coordination of all the three organs of the state namely Legislature, Executive and Judiciary. The observations made by the PM-EAC member on the lines of economic factors alone is inadequate to enthuse the judiciary to reform from within as the key to legal reforms lie in the hands of legislature and executive. The economic rhetoric of under performance of the judiciary failed to see the political reality of the state within which judiciary functions with ever increasing day to day challenges to the governance. Labelling judiciary as the biggest hurdle indicates the intent and the mindset of the policy makers. The attempt to single out the judiciary in the eyes and ears of common public is purely a political rhetoric without any factual support including the remark on court vacations. The judiciary of course require reforms; however, the same can happen only by raising the dignity of the institution rather than questioning its performance. The judiciary with its historical evolution and performance in the state building enterprise of modern India have the necessary prudence and wisdom to withstand and overcome such political maneuvers.

Keywords: Development, Democracy, Judiciary, Reforms, Governance

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Judiciary is one of the three organs of the State apart from the Legislature and Executive. The functioning of democracy depends upon the harmonious coordination of all the three organs. Judiciary is empowered to interpret the laws made by the Legislature on the basis of Constitutional and Legal tenets. The Supreme Court of India completed 75 years in 2024 and plethora of Commissions have recommended for the judicial reforms in the country. On 19th September 2025 while explaining the role of legal fraternity in achieving the Viksit Bharat by 2047, the member of the Prime Minister