LEGAL SYSTEM AND DEMOCRATIC PROCESS IN INDIA

Abstract

The article highlights the legal system and democratic process in India. The main idea of the article to analyze the processes which take part in the legal system of India. The legal system of a country is a part of its social system and reflects the social, political, economic and cultural characteristics of the society. Indian democracy is essentially dynamic. The changes may be gradual, but these changes indicate the democracy’s desirability toward social transformation. In the neoliberal era that the world order is stepping in, natural law principles are playing a pervasive role in the realms of ethics, politics, governance, society, culture, and law. This article reappraises the natural law philosophy’s role in the legitimization of democratic principles and practices. A functioning democracy pins its hopes on the conscience of the society, not just for its sustenance but also for its development. The article reflects the post-structuralism approach of merging social movements to “constitution-making” and the subaltern proposition to defend their worldviews and relative ideas. The article is an attempt to demarcate “democracy as a progressive idea” from “democracy as a theoretically operating idea”. The article focuses on three fundamental components of modern Indian democracy viz. transformative constitutionalism, inclusive justice, and good governance.