JUDICIAL ATTITUDES TOWARDS THE IMPLEMENTATION OF THE SALE OF GOODS ACT, 1930

Abstract

The Judiciary plays the important role of interpreting and applying the law and adjudicating upon controversies between one citizen and another and between a citizen and the state. It is the function of the courts to maintain rule of law in the country and to assure that the government runs according to law. In a country with a written constitution, courts have the additional function of safeguarding the supremacy of the Constitution by interpreting and applying its provisions and keeping all authorities within the constitutional framework. In a federation, the Judiciary has another meaningful assignment, namely, to decide controversies between the constituent States inter Se, as well as between the Centre and the States. A Federal Government is a legalistic government, a characteristic feature of which is the allocation of powers between the Centre and the constituent units relating to distribution of powers and, functions between them. An arbitrator is, therefore, required to scrutinize laws to see whether they fall within the allotted legislative domain of the enacting legislature and this function is, usually left to the Judiciary.

In India, in addition to the above, the judiciary also has the significant function of protecting and enforcing the Fundamental Rights of the people guaranteed to them by the Constitution. Justice Untwalia has compared the Judiciary to a watching tower above all the big structures of the other limbs of the state from which it keeps a watch like a sentinel on the functions of the other limbs of the state as to whether they are working in accordance with the law and the Constitution, the Constitution being supreme. India has a unified judicial system with the Supreme Court standing at the apex. There are High Courts below the Supreme Court; under each High Court there exists a system of subordinate courts. The Supreme Court thus enjoys the topmost position in the judicial hierarchy of the country. It is the supreme interpreter of the Constitution and the guardian of the people’s Fundamental Rights. It is the ultimate court of appeal in all civil and criminal matters and the final interpreter of the law of the land, and thus helps in maintaining a uniformity of law throughout the country. Judiciary plays a crucial role in sale of goods through the various golden judgments of the Courts.