Judicial independence and the rise of the Supreme Court in India

Research output: Chapter in Book / Conference PaperChapter

2 Citations (Scopus)

Abstract

The Indian judiciary, particularly the Supreme Court of India, has assumed a formidable reputation. Dubbed ‘the most powerful court in the world’, the Supreme Court has issued landmark decisions holding constitutional amendments unconstitutional, recognising unenumerated socioeconomic rights and devising a range of procedural innovations to enforce fundamental rights. Yet, as I have written elsewhere, the judiciary has not consistently held powerful actors to account. For instance, courts have largely deferred to the executive on emergency regulations, and defined secularism in line with the majority Hindu religion.
Original languageEnglish
Title of host publicationAsia-Pacific Judiciaries: Independence, Impartiality and Integrity
EditorsHoong P. Lee, Marilyn Pittard
Place of PublicationU.K.
PublisherCambridge University Press
Pages169-185
Number of pages17
ISBN (Print)9781107137721
DOIs
Publication statusPublished - 2018

Keywords

  • judicial independence
  • India
  • Indian Supreme Court
  • unconstitutional constitutional amendments
  • constitutional law

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