Political climate and the Apex Court

Nayak, Shaswat (2021) Political climate and the Apex Court. [Working papers (or Preprints)] (In Press)

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Abstract

This paper comments upon how the Apex Court of a democracy generally dispenses justice in an impartial manner and is largely not influenced by the political climate. In the initial part of the paper, I have reflected upon the ideas of separation of powers, independence of judiciary, and meaning of justice. Then, I have tried to put my observations about the Supreme Court of United Kingdom. Thereafter, I have discussed about the Supreme Court of India in detail by stating how this court functions impartially in delivering justice. I have also remarked on some instances in the past where I felt the Supreme Court of India might have been deterred by the political climate to deliver an impartial judgement. Then, I have discussed some recent cases decided by the Indian Supreme Court to portray the present scenario.

Item Type: Working papers (or Preprints)
Keywords: Apex Court | Political Climate | Emergency | UK | India | Impartial | Justice | Constitution | Separation of powers | Independence of Judiciary
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Social Sciences and humanities > Social Sciences > Political Science
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 06 Apr 2022 09:21
Last Modified: 06 Apr 2022 09:21
Official URL: https://dx.doi.org/10.2139/ssrn.3769291
URI: https://pure.jgu.edu.in/id/eprint/2163

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