Question

critical assessment of supreme court of India
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Answer 1

Today, the Indian Supreme Court serves as a constitutional court, a regular appeals court and as an equal partner in governance of the country.

Explanation:

• The Supreme Court emphasized the sacredness of fundamental rights, including freedom of expression & public policy criticism. However, as it struggles with the implementation of a constitutional right aimed toward itself it lacks the specific outlook it seems to have taken elsewhere. The result was that important criticism was ignored in the production of judge-made legislation.
• The question of "fusion of English law with indigenous law" can not been settled by the Supreme Court. "The current judicial system in India, which was founded by the British, is focused largely on the "common English Law", which is focused on its "own jurisprudence" & legal methods – which have been conceived & built over the course in 800 years, under evolving social circumstances in the UK, by subsequent generations of English Judges. It's a judge-made rule in large part. The judiciary, for example, has been based at all levels on "the whole legal process, criminal or civil, with the intention of putting the facts into line with the judicial principles of fair play." Judges have established most of the main rules for proof, including the exclusion of hearing, as is the rule of natural justice that is permeated by British Court jurisprudence.
• Although the Supreme Court of India has had to act in very specific legal, political & social contexts, its practices and procedures have been incorporated under the common law. India is governed by a written Constitution that allocates authority between the Union and the States and between various agencies — each with restricted control. It is not a constitutional body in the way that the British Parliament is independent and that all laws are prohibited to pass. The judges have the right to review the legislation
• The procedural methods followed by the Supreme Court in some hundred rulings should be analytically scrutinized.⠀ "If the problem, which has occurred in a completely new culture without common law, has not been settled by the Supreme Court  that could partially be because the issue was extra-complicated, but it was important to call attention to the nature of the question and to find out that something must be done about it."
• At the end, the behaviour of the Supreme Court judges must be viewed as typical for middle-class Indians' decision-making behaviors. This should be "technically unpredictable, not uninfluenced" by cosmopolitan imitative behavior, based on the psychologist's native impulse or recorded only by the novelist, dramatist, and a writer suffering from an "over-sensitive opinion" of their "lonely  & unparalleled position"

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