Abstract

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This research paper is directed toward the study of the social impacts of the judgements, and how a judge, with careful use of words and phrases, change the society and its social norms. To research for this paper, doctrinal method of research from primary and secondary sources is used. A major part of this project has been researched from Supreme Court and High Court  judgements, articles by eminent jurists, and newspaper reports on the social impact of  judgements. Web databases were highly relied upon for this paper. In a democratic society, the judiciary is not just the interpreter of the constitution. It also is the guardian of undamental !ights and a ma"er of the society. The judicial role in the format ion of society is debate d though. Some say that it is the lawyers that mo#e the judges in such a way, that they gi#e reformati#e judgements. Some say that irrespecti#e of the arguments of a lawyer, it is the judge$s choice of words and reasoning that ma"e a judgement. In the recent past, the %A&SA judgement for the third gender and their rights has mar"ed the  beginning of change in perception of the society towards them. It not only helps them get education and jobs, but also curbs the nuisance they create. The %A' judg ement, howe#er, has so many problems with i t. (ustice Singh#i, while judging the %A' cas e, could ha#e gi#en a judgement that was pro)*++. Instead, he struc" down the elhi High Court judgement and  brought status -uo. Accordingly , jurists and newspaper hea#ily criticied the judgement. (udges, through their writings in the court, and with the help of the e/ecuti#e and the legislature modify public opinion, and in turn, influence changes in the society. 0ut then  judges will ha#e to be more careful in gi#ing judgements. 1#er ruling a judgement is not  particularly easy. S o a bad judgement, will induce #ices in the society .

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7/17/2019 Abstract

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This research paper is directed toward the study of the social impacts of the judgements, and

how a judge, with careful use of words and phrases, change the society and its social norms.

To research for this paper, doctrinal method of research from primary and secondary sources

is used. A major part of this project has been researched from Supreme Court and High Court

 judgements, articles by eminent jurists, and newspaper reports on the social impact of 

 judgements. Web databases were highly relied upon for this paper.

In a democratic society, the judiciary is not just the interpreter of the constitution. It also is

the guardian of undamental !ights and a ma"er of the society. The judicial role in the

formation of society is debated though. Some say that it is the lawyers that mo#e the judges

in such a way, that they gi#e reformati#e judgements. Some say that irrespecti#e of the

arguments of a lawyer, it is the judge$s choice of words and reasoning that ma"e a judgement.

In the recent past, the %A&SA judgement for the third gender and their rights has mar"ed the

 beginning of change in perception of the society towards them. It not only helps them get

education and jobs, but also curbs the nuisance they create. The %A' judgement, howe#er,

has so many problems with it. (ustice Singh#i, while judging the %A' case, could ha#e gi#en

a judgement that was pro)*++. Instead, he struc" down the elhi High Court judgement and

 brought status -uo. Accordingly, jurists and newspaper hea#ily criticied the judgement.

(udges, through their writings in the court, and with the help of the e/ecuti#e and the

legislature modify public opinion, and in turn, influence changes in the society. 0ut then

 judges will ha#e to be more careful in gi#ing judgements. 1#er ruling a judgement is not

 particularly easy. So a bad judgement, will induce #ices in the society.