India’s Constitutional Morality: From Freedom Struggle to Modern Democracy Challenges
3 months ago

India’s Constitutional Morality: From Freedom Struggle to Modern Democracy Challenges

The Hindu  

Published : Dec 25, 2024 12:00 IST - 11 MINS READ As I reflect on the Constitution, I am immediately reminded that I am older than the Constitution of India and hence consider it my privilege to reflect not just on the last 40 years but on the 75 years of the Constitution. The Indian Constitution distributes functions between the executive, the legislature, and the judiciary, but it endows the Supreme Court and High Courts with the power of judicial review, a power that enables them to declare any action of the executive or the legislature unconstitutional. Another new and troubling issue is that judges of the Supreme Court and High Courts accept political office from ruling parties seamlessly and with no “cooling-off” period, raising critical questions about the independence of the judiciary. “Procedure established by law must be reasonable, just, and fair and not arbitrary.” An early Supreme Court, unsure of its own power to do justice, disagreed and held that so long as there was a law authorising detention, it was sufficient compliance with the Constitution and upheld the detention. A New Right is emerging in the Supreme Court, of which the recently retired Chief Justice of India was a poster boy, which combines economic liberalism with Hindutva ideology.

History of this topic

Impossible to have ‘Hindu Rashtra’ under secular Constitution: Indira Jaising
1 month ago
75 Yrs Of Constitution But Society Yet To Shed 'Unwanted Baggage' Of Caste: Madras HC Refuses To Appoint Temple Trustees From Particular Sub-Caste
1 month, 2 weeks ago
Supreme Court in 2024: A year of landmark verdicts and key developments
2 months, 4 weeks ago
Justice Shekhar Yadav's Controversial Speech Undermines the Position of a Judge
3 months, 2 weeks ago
DC Edit | Top court must pull up errant high court judge
3 months, 2 weeks ago
Preamble's Original Tenets Reflect Secular Ethos; Secularism Part Of Constitution's Basic Structure : Supreme Court
4 months ago
The top court as custodian of liberties
7 months, 2 weeks ago
In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court
7 months, 3 weeks ago
Caste reservation fabric needs new pattern
7 months, 3 weeks ago
Govt vs Court – the problem is structural
1 year, 4 months ago
Unlike Elected Government, Judges Don’t Go By Popular Morality, But By Constitutional Morality: CJI DY Chandrachud
1 year, 4 months ago
Legal framework has been weaponised to oppress certain communities: CJI
1 year, 5 months ago
Book Review: In ‘Unsealed Covers’, Gautam Bhatia fearlessly interrogates judicial power
1 year, 5 months ago
Dushyant Dave Writes: On Manipur, Supreme Court Must Be More Proactive
1 year, 8 months ago
Review: Chaff and Grain by Vivek Sood
1 year, 11 months ago
5 arguments made by J Sai Deepak in Sabarimala priest appointment case
2 years ago
Waste of Supreme Court’s precious time: Rijiju on petitions challenging ban on BBC documentary
2 years, 1 month ago
Supreme Court Collegium’s Landmark Reiterations Show It Is No Longer Pusillanimous
2 years, 2 months ago
The attack on the last bastion — the judiciary
2 years, 3 months ago
Judicial Service Exams: Question (MCQs) Based On Latest Judgements With Explanatory Answers
2 years, 4 months ago
India’s top court backs Modi government move to expand affirmative action
2 years, 4 months ago
Why India’s landmark abortion ruling could echo around the world
2 years, 5 months ago
Government stands against Constitutional values, says Yogendra Yadav
2 years, 7 months ago
India@75: Six judgements that safeguarded individual liberty and strengthened India's democracy
2 years, 7 months ago
Courts must take a holistic view of the economy
2 years, 7 months ago
A new judicial device for ‘complete justice’
2 years, 8 months ago
Aakar Patel | Courts, even SC, shouldn’t be the only place to go to secure rights
2 years, 9 months ago
DC Edit | SC faces tough challenge over rule of law in Delhi
2 years, 11 months ago
Supreme Court’s views on ‘Indianisation’ of the legal system have varied
3 years, 2 months ago
Anti-terror laws should not be misused to quell dissent, says Justice DY Chandrachud
3 years, 8 months ago
The Pernicious Persistent Paternalism Of Indian Courts
3 years, 10 months ago
'Constitutional': Centre backs Maratha reservation in Supreme Court
4 years ago
Magistrates & Trial Judges Also Have Responsibility In Safeguarding Citizens' Fundamental Right: Supreme Court
4 years ago
Judges Should Be Free To Decide By Law Not By Popular Opinion, The Terms Like "Judicial Barbarism" Must Be Condemned: Law Minister
4 years, 4 months ago
A people’s court must be open to public accountability
4 years, 7 months ago
Supreme Court on Maratha reservation today: Interim order on petitions challenging quota on 15 July
4 years, 8 months ago
Coordinating Judgements: Ensuring Certainty In The Law
4 years, 8 months ago
Supreme Court reverses High Court order in defence of 100 per cent reservation for Scheduled Tribes
4 years, 11 months ago
CJI SA Bobde, speaking at International Judicial Conference in New Delhi, says rule of law 'most fundamental feature' of modern constitutions
5 years, 1 month ago
'In DNA of BJP-RSS to try and erase reservations': Rahul Gandhi attacks BJP on SC ruling on quotas in govt jobs
5 years, 1 month ago
Opinion | Role Of Supreme Court In Today’s Turbulent Time
5 years, 1 month ago
[Sabarimala] Remember That The "Holy Book" Is The Constitution Of India; Justices RF Nariman & DY Chandrachud Dissent
5 years, 4 months ago
A missed opportunity in Ayodhya
5 years, 4 months ago
A victory of faith over facts, says Asaduddin Owaisi - The Hindu
5 years, 4 months ago
One Year Of Sabarimala Verdict : The Emancipatory Force Of SC Judgment
5 years, 6 months ago
Few Lessons For Supreme Court Of India From UK Supreme Court
5 years, 6 months ago
A Harsh Reminder Of ADM Jabalpur Case
5 years, 7 months ago
SC to hear on 12 July plea challenging Bombay HC order upholding law granting reservation to Marathas
5 years, 8 months ago
Bombay HC upholds Maratha quota: Court's verdict is based on flawed report which discourages constitutionalism
5 years, 9 months ago

Discover Related