6 research outputs found
Delhi High Court\u27s Socio-Economic Rights Adjudication: Some Insights
No full textIndian constitutionalism has always occupied a central place in the global academic discourse on socio-economic rights. This is especially due to the design of the Indian Constitution (where socio-economic rights are constitutionalized in the form of non-enforceable \u27Directive Principles of State Policy\u27) and the creative interpretations of the post-emergency Supreme Court. Nearly all academic studies, however, have focussed singularly on the jurisprudence of the Supreme Court. The decisions of the other constitutional courts in India - the High Courts have largely gone unstudied. Thus, there is lacunae in academic literature on Indian socio-economic rights enforcement. In this essay, we seek to examine the Delhi High Court\u27s socio-economic rights adjudication. More specifically, we assess the interlinking of rights, nature and design of remedies, measure its decisions vis-h-vis theories of judicial review, explore the tools used to balance information asymmetry and highlight the manner of judicial activism. The method of analysis is interpretive.
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Delhi High Court\u27s Socio-Economic Rights Adjudication: Some Insights
No full textIndian constitutionalism has always occupied a central place in the global academic discourse on socio-economic rights. This is especially due to the design of the Indian Constitution (where socio-economic rights are constitutionalized in the form of non-enforceable \u27Directive Principles of State Policy\u27) and the creative interpretations of the post-emergency Supreme Court. Nearly all academic studies, however, have focussed singularly on the jurisprudence of the Supreme Court. The decisions of the other constitutional courts in India - the High Courts have largely gone unstudied. Thus, there is lacunae in academic literature on Indian socio-economic rights enforcement. In this essay, we seek to examine the Delhi High Court\u27s socio-economic rights adjudication. More specifically, we assess the interlinking of rights, nature and design of remedies, measure its decisions vis-h-vis theories of judicial review, explore the tools used to balance information asymmetry and highlight the manner of judicial activism. The method of analysis is interpretive.
Delhi High Court\u27s Socio-Economic Rights Adjudication: Some Insights
No full textIndian constitutionalism has always occupied a central place in the global academic discourse on socio-economic rights. This is especially due to the design of the Indian Constitution (where socio-economic rights are constitutionalized in the form of non-enforceable \u27Directive Principles of State Policy\u27) and the creative interpretations of the post-emergency Supreme Court. Nearly all academic studies, however, have focussed singularly on the jurisprudence of the Supreme Court. The decisions of the other constitutional courts in India - the High Courts have largely gone unstudied. Thus, there is lacunae in academic literature on Indian socio-economic rights enforcement. In this essay, we seek to examine the Delhi High Court\u27s socio-economic rights adjudication. More specifically, we assess the interlinking of rights, nature and design of remedies, measure its decisions vis-h-vis theories of judicial review, explore the tools used to balance information asymmetry and highlight the manner of judicial activism. The method of analysis is interpretive.
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Supreme Court of India ::the beginnings /
No full textThis work seeks to determine the roles played by the paramount judiciary in the Indian polity between 1937 and 1964. The discussion starts with an examination of the Federal Court, the establishment of which in 1937 brought into existence Indias first central judicial institution. After a consideration of events leading to the creation of the Federal Court, the nature of its jurisdiction and representative decisions are analysed. Other matters considered include the relationship of the Federal Court with the Privy Council, and the unsuccessful efforts made to empower the Federal Court with a jurisdiction to hear civil appeals. In addition, the major part of this work is devoted to the present Supreme Court of India, which replaced the Federal Court in 1950. After discussing the general features of the new judicial establishment, attention is focused upon the nature of its review powers and the manner in which the Court can exercise these powers. Against the background of debates in the Constituent Assembly that reflect the attitudes of the Constitution-makers towards judicial review, the important decisions which provoked clashes between the judges and politicians have been analysed
