Society and law are closely related to each other we both are dependent on each other and affect each other positively as well as negatively.
A society cannot survive without law as it would create chaos and disorder in the society in absence of law. The law maintains balance in the society which is called “order” and hence the society is organised and well prevented from any chaotic situation.
The society also exerts pressure on law. According to social needs the law has to change and reforms according to social transformations occurring in the society. Law includes in its ambit of rights to the citizens which include right to speedy trial, right to avail free legal aid, right to human dignity, right against torture, right for livelihood, right to clean drinking water, right to education, right to personal liberty and right to reside anywhere within the country’s jurisdiction.
Therefore law is a medium through which social objects can be achieved. A change of law is must with social changes otherwise law shall have no value.
Law is rooted in social institutions when social economic network. The outcome of personal and social interaction itself is variable and often unpredictable. At times law changes its norms in various ways.
There is reciprocal relationship between law and society. Society is a web relationship and social change obviously means change in the system of social relationships social processes find social interactions.
Judicial process means any judicial proceeding in connection with allowance of justice by any court with its competent jurisdiction and social ordering means activating the instrument of judicial process in setting up right and wrong by eliminating injustice from society. Judicial process is an instrument of social ordering. Judicial process has to finds its creativity in law in order to set up new precedents as per the changing times and situations.
In current era, the challenges like corruption, high cost , and delay is justice has placed the judicial process in huge threat. It’s a stark reality that the judicial process and the current system is not up to the mark. The cases are piled up and the advocates turn the cases as per their thoughts and inferences. The essence of justice has been diminished. The police force and police investigations have also been challenged and this raises a serious question to the conman that, where is justice? Justice is more propounded towards the influencers, high net worthies, celebrities’ and politicians and thus the conman trust and faith towards judiciary system has diminished.
The Indian Law is based on English Law which was the “common law” during British rule. In ancient India Arthashatrta and Manusmiriti were influential treaties in law for India. They were considered as authoritative documents for legal guidance. Manu emphasized on tolerance and diversity. When British came to India the Indian traditions were eradicated by the British and their Common laws were introduced which we are still following to.
The judicial system shall still require the creativity, constitutional interpretation and stability. Different tools and techniques of judicial creativity and precedents should be used to bring in quick justice and justice to all. The Epistolary jurisdiction should be widened with proper procedural norms and techniques which shall help the conman get justice.