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Evolution of Judicial Activism: The Supreme Court of India

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Part of the book series: India Studies in Business and Economics ((ISBE))

Abstract

In this paper, we trace the origin of the Judicial Activism of the Supreme Court to the aftermath of the Emergency of 1975-77. We document the expansive process of activism since the Emergency, in particular since 2000. We also discuss the economic and legal issues arising from judicial activism.  

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Notes

  1. 1.

    Justice Y.V. Chandrachud I (Smt. Indira Nehru Gandhi vs. Shre Raj Narain and Anr., AIR 1975 DC 2299, at 664) said “There was some discussion at the Bar as to which features of the Constitution form the basic structure of the Constitution according to the majority decision in the Fundamental Rights case. That, to me is an inquiry both fruitless and irrelevant. The ratio of the majority decision is not that some named features of the Constitution are a part of its basic structure but that the power of amendment cannot be exercised so as to damage or destroy the essential elements or the basic structure of the Constitution, whatever these expressions may comprehend.”.

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Correspondence to T. N. Srinivasan .

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© 2016 Springer India

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Srinivasan, T.N. (2016). Evolution of Judicial Activism: The Supreme Court of India. In: Dev, S., Babu, P. (eds) Development in India. India Studies in Business and Economics. Springer, New Delhi. https://doi.org/10.1007/978-81-322-2541-6_3

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