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