Critical analysis of the judgments of the supereme court and national green tribunal affecting the Indian Economy

International Journal of Development Research

Volume: 
12
Article ID: 
25142
5 pages
Research Article

Critical analysis of the judgments of the supereme court and national green tribunal affecting the Indian Economy

Received 10th June, 2022; Received in revised form 21st July, 2022; Accepted 29th July, 2022; Published online 30th August, 2022

Abstract: 

The Supreme Court is amongst India's most esteemed organ of government in which public repose its trust. It is that institution which is the protector of Fundamental Rights. The power of Judicial review is one of the important features of the Indian Constitution. The judiciary should practice the constitutional morality with respect to its own power of constitutional review of economic policies.The various judgements delivered by higher courts and quasi-judicial bodies directly or indirectly have far-reaching economic impact on the country. These judgments of the courts show that the court is reluctant in taking into consideration the economic impact of its judgments while taking decision and do not analyse the economic costs accompanying with a decision and the increase in judicial activism is making judiciary more powerful and encouraging to strike down the policies of the government even though significant for economic growth. A lack of economic analysis while passing judgement has the potential to create an adverse impact on employment, growth of infrastructure, hospitality, tourism, real estate and other economically relevant sectors such as revenue of state and Central governments and do not have any positive impact on social behaviour. It is thus important for the judiciary to conduct comprehensive economic analysis before arriving at decisions and proficiently communicate the justification of its decisions. It needs to be recognized that the economic impact of judicial orders could be direct or indirect and different stakeholder groups could be differently affected. The study is significant in this aspect that the Court needs to avoid that particular outcome which has a potential to create an adverse effect on economy of India and try to strike a balance. It is in this context that economic analysis of the impact of the decision becomes imperative.

DOI: 
https://doi.org/10.37118/ijdr.25142.08.2022
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