Role of Indian Judiciary in Protecting Poor People

Abstract

The judiciary plays a vital role in law-making. The decisions given by the courts really determine the meaning, nature and scope of the laws passed by the legislature. The interpretation of laws by the judiciary amounts to law making as it is these interpretations which really define the laws. The judiciary acts as the guardian of the Constitution. The Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it. Indian judiciary has intervened and interpreted various facets of poverty and issued guidelines from time to time for the upliftment of poor population, implementation of various laws and policies. The judiciary has kept an intense scrutiny and ensured that this Constitutional mandate is properly enforced and any friction between the legislature and the executive is eased. Building upon Article 21, the judiciary has adopted an expansive interpretation bringing within its ambit almost all facets of poverty – direct or indirect. The Supreme Court of India in some of its judgments has linked the right to shelter with the right to life, stressing that the right to housing is implied under the right to life, and has attempted to secure access to justice for such violation of the right to life. This paper is an attempt to analyse various contribution of Indian Judiciary in protection the rights of poor people in India. This paper suggested for the future measures to be taken for the effective eradication of poverty in India.