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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2009

Comparative and Foreign Law

Columbia Law School

Hastings International and Comparative Law Review

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Full-Text Articles in Law

Addressing Judicial Activism In The Indian Supreme Court: Towards An Evolved Debate, Madhav Khosla Jan 2009

Addressing Judicial Activism In The Indian Supreme Court: Towards An Evolved Debate, Madhav Khosla

Faculty Scholarship

The Indian Supreme Court has invited a great deal of interest for its alleged activism and the role that it has begun to play in Indian governance. Recent years have been witness to substantial debate on the Court's functioning, with scholars positing views and raising concerns with considerable passion. This paper analyzes the judicial activism discourse in the Indian Supreme Court by focusing on the contributions of Professor Upendra Baxi. It argues that, despite the attention the Court has received on the question of judicial activism, the debate in this area has, for the most part, failed to engage with …