ABSTRACT
This chapter argues that the functional independence of Indian judiciary is not, at all, absolute, but conditional, if not circumscribed by well-defined constitutional provisions, besides the political context in which they are interpreted, and also redefined to keep pace with socio-economic transformations. It discusses the role of the judiciary in sustaining and also consolidating constitutional democracy in India. The chapter focuses on three important areas of judicial concerns which are protective of the sanctity of the Constitution. They are: the concerns for the maintenance of those constitutional values or institutions, also defined as 'basic features' of the Constitution, the concerns for social justice which are articulated in some of the path-breaking judgments of India's apex court, especially following the adoption of the reservation scheme propounded by the Mandal Commission in the early 1990s and the concerns for secular ethos and principles which are integral to India's diverse socio-cultural texture.
