THE CHALLENGES BEFORE THE ADMINISTRATION OF JUSTICE
By Justice P. B. Sawant
The objectives of our society are enshrined in the Preamble and in the chapters on fundamental rights and directive principles of
our Constitution. In the preamble, we have solemnly resolved to constitute this country into a socialist, secular and democratic
republic, and have pledged to secure social, economic and political justice, liberty and equality of status and opportunity
to all and to promote fraternity. The fundamental rights are enforceable by the citizens and the directive principles, besides
being fundamental in the governance of the country, are enforceable by the state, even if their implementation comes in
conflict with the fundamental rights of the individuals. The expression "We, the people" used in the preamble does not mean
"We the elite" who constitute a microscopic minority of the population. It means all men, women and children, whether living
in huts or palaces, working in fields, factories or offices, occupying a humble or a high station in life. But more often than
not, this obvious truth is lost sight of in all walks of life. What is further forgotten is that all individuals and
institutions in whatever field, public or private, small or big, are duty bound to subserve these objectives of our Constitution
and to do nothing directly or indirectly of defect them. This is more obligatory on the three fundamental institutions of our body
politic - the executive, the legislature and the judiciary. For on them lies the prime duty to implement the Constitution and to
shape and direct the activities of the individuals and other institutions along those lines.
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