Indian Judiciary and Politics: The Changing Landscape
Synopsis
Few will deny that the post-emergency higher judiciary in India has earned widespread public acclaim for its innovate and creative jurisprudence, notwithstanding the argument advanced by some critics that it has exercised excessive jurisdiction, transgressing at times the executive and legislative domains, country to the original 'checks and balances' design of the Constitution. While the issue of judicial restraint in the context deserves serious attention, the fact of the matter is that juristocracy invariably triumphs when the elected representatives in a democracy cannot be trusted to provide good and lawful governance. From this perspective, the unprecedented judicialization of politics and the growth of judicial activism in India seems to be an organic response to pressures within the political system itself. The contributors to the volume are well-known scholars, lawyers, and academics. They reflect on the itinerary of higher judiciary and its contributions to constitutional law and public good contextualized for the developmental path of the political system since the commencement of the republic in 1950. The papers cover a variety of topics -judicial activism, judiciary and ecology, secularism, parliamentary institutions, central executive, new economy, and judicial reforms -that focus primarily, though not exclusively, on the ramifications of judicial activism for Indian politics.
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Bibliographic information
Rekha Saxena
B.D. Dua