New Jurisprudence and Judicial Process- Blending of New Constitutional Values

ABSTRACT The thrust of this work is to explore the orientation of Indian Jurisprudence which truly reflects the ethos and spirit of the Indian legal heritage and contemporary goals, values and needs enshrined in the Indian Constitution. It is sub-mitted that the words of the Blackstone, Bentham, Austin, Salmond etc must not be the last word of their juristic scholarship while interpreting Indian Constitution. If we want to understand the Indian Constitutional values in its true spirit, we must come out of domination western legal though and their morals, be it law, language or culture. This work is a small effort in this direction. It aims to discover the basic features and perceptions of the Indian Constitution in light with the development of 20th century. The article aims to study the evolutionary and functional role played by Indian Supreme Court that reflects the sensitivity of new awareness while answering the complex contemporary social and moral issues. Prior to 1973, Indian Courts with great difficulty had to con-form with the prevailing view which existed since the adop-tion of the Constitution, that Parliament is ‘Sovereign’, which even can replace the Constitution or Supremacy of the Ex-ecutive vis-à-vis the Judiciary in the context of a so-called ‘committed judiciary ’ during the days of GolakNath case controversy. Pre GolakNath era laid a milestone for the adop