Indian Supreme Court: An Audit
It would not be an exaggeration to say that the Supreme Court of India has been, ever since its inception, an institution of great eminence and scholarship, having produced non-pareil judges, and laid down path-breaking doctrines. Indeed, the seven decades of its journey reflect the eventful saga of India as a nation. It can be said, without doubt, that the apex court has shone the dark, turbulent waters with its beaconing light and helped steer our polity safely to the shore. Perhaps, no other top court in the world may boast of the laudable role that our Supreme Court has played.
Of course, it is not without its share of blame. It too had its own bumpy, roller-coaster ride. The judicial odyssey, of the last seventy years, is marked with highs and lows, and ups and downs so much so that it is criticized, ‘supreme, but not infallible’. Like any other great institutions, the Supreme Court has been at the receiving end, off and on.
In fact, each of the past 7 decades has been testimony to this legal juggernaut. In the very first ten years, while the fledgling political system manoeuvred to dilute the constitutional foundations, the apex court left no stone unturned to hold the citadel intact. The second and third decades virtually saw the Supreme Court in logjam with the legislature and the executive to ensure that the law of the land and rule of law are not stifled by the latter. While this exercise resulted in strengthening of the Constitution with, inter alia, the 'basic structure doctrine' and others, it also showed the vulnerable part of the top court during and after emergency.
The fourth decade witnessed the apex court virtually giving the most purposive interpretation to the Constitution by reading Fundamental Rights into Directive Principles of State Policy, and reasserting its independence. But this period also saw an escalating tension between the judiciary on the one hand and the legislature and the executive on the other.
The fifth decade, the last decade of the 20th century, was influenced by glasnost and perestroika. The Supreme Court seized the initiative and introduced its own version of liberalization, i.e., judicial activism. While this policy led to many a sweeping change, in the arena of cleansing of political and environmental pollution, the apex court was criticized for being over-zealous and indulging in ‘judicial-overreach’.
The sixth decade saw the judiciary virtually consolidating the policy of the previous decade. In addition, it harped upon the contentious centre-state relations, electoral reforms, economic legislation and others. Human rights were given priority during this period.
The seventh decade has been quite complicated wherein socio-cultural-religious issues with wide legal ramifications were being resolved. Of course, the court has undergone severe criticism in the matters of personal law, religious issues, transgender matters, etc.
That, in a nutshell, is what apex court has delved into so far.
At the outset of these winds of change, backed by the omnipresence of internet and technology amongst human beings across continents and nations, there is, clearly a case for changing global order with expanding and infinite consequences on every perceivable way of life both at the international and national level. In this context, the Faculty of Law, PES University, thought it fit to reflect on the working of the Supreme Court at this momentous juncture. Hence, the seminar focuses on the following themes:
- Judiciary vis -a –vis a Living Constitution
- Shifting Paradigms of Criminal Law Jurisprudence and Apex Court
- Appointments, Accountability, Independence: Indian Judiciary at Crossroads
- Artificial Intelligence, Internet and Supreme Court
- ADR and the Waning Significance of the Supreme Court
- Apex Court and Environmental Governance
- Expansive Interpretation of Fundamental Rights: in Retrospect and Prospect
- Religion, Secularism and Judiciary
- Affirmative Action and Judicial Process
- Judicial Activism or Overreach?
- Supreme Court and Centre – State Relations
- Supreme Court on the Doctrine of Basic Structure
The following themes are only generic; the participants are free to work on more specific areas under the above-mentioned themes.