CJR214 | Judicial Review

Constitutional courts exercise power primarily through judicial review of the actions of other wings of the state. The exercise of this power has implications on both separation of powers as well as larger questions of democratic legitimacy. In this course, we will engage with the question: what is the role of constitutional courts in a modern democracy? Using a range of theoretical material from various jurisdictions, we will first look at the evolution of judicial review in constitutional democracies over time. Subsequently, we will focus on analysing the exercise of judicial power in the Indian context, by looking at case law from the Supreme Court of India. Through a close reading of these decisions, we will attempt to understand the various theoretical and doctrinal approaches taken by the Court to clarify its own powers of judicial review under the Constitution of India.

This course develops primarily on the Constitutional Law and Administrative Law courses offered at NLSIU. It also draws on elements of political philosophy and the functioning of the state, of which students are expected to have a basic understanding. A section on Background reading is provided in case students wish to revise these concepts.

This course is expected to provide students with a nuanced understanding of the judicial role within the Indian state’s functioning, beyond the broad popular labels of ‘judicial activism’ and ‘judicial deference’. Students are expected to develop a detailed understanding of the various standards of judicial review adopted by constitutional courts around the world generally, and the Supreme Court of India in particular.

The course will predominantly use seminar style discussions, with heavy emphasis on assigned readings. Readings will include book chapters, cases and journal articles, with occasional use of popular media. The average weekly reading load will be 150–200 pages. Students are expected to read before class, and class discussions will proceed on this basis.