Description
The power and the architecture of the Indian judiciary are largely indicative of the multiplicity of tasks assigned by the Constitution. The framers unanimously agreed upon making the judiciary not only the upholder of the rule of law but also the final interpreter of the Constitution. The motivation was to design a judicature that is independent and free from political influence. Nevertheless, disagreement with the political executive over constitutional interpretation became part of the judiciary’s constitutional journey. The contention reached its peak during the Emergency (1975-77) when the judiciary was subdued by the political executive. Although post Emergency judiciary emerged powerful by further strengthening the means to preserve its institutional independence, skirmishes with the executive continued. However, since the Bharatiya Janata Party (BJP) formed the government at the centre in 2014, the intensity of this contention has been deemed to have escalated. The judiciary is increasingly finding it difficult to exercise its jurisdiction in matters where the political executive is an active contender. Against this premise, this chapter assesses the conduct of the Indian higher judiciary in constitutionally pertinent matters between 2014-2022. The aim is to establish multiple points of conjunctions between the judiciary’s institutional erosion under the current ruling dispensation and its historical conduct.
Keywords: The Supreme Court of India, high courts, political executive, the Constitution, Bharatiya Janata Party (BJP).
