Blog of the International Journal of Constitutional Law

Category: Supreme Court of India

  • The Indian Supreme Court Headlines the WSJ

    Today’s edition of the Wall Street Journal profiles the Indian Supreme Court under the headline of “In India, the Supreme Court Takes an Activist Role.” As the article notes, however, it is an understatement to call the Indian Supreme Court “activist.”

  • The Indian Supreme Court as Superlegislature

    Does the Indian Supreme Court sometimes act like a legislature? Apparently so, according to Indian Supreme Court Chief Justice Shri Kapadia. In quite provocative comments delivered a few days ago at the 5th annual M.C. Setalvad Lecture on Canons of Judicial Ethics, Chief Justice Kapadia cautioned that the Indian Supreme Court “must refuse to sit as a super-legislature to weigh the wisdom of legislation.”

  • The Indian Supreme Court and the Government of Pakistan

    In a recent judgment issued just last week (Gopol Dass thr. Brother Anand Vir vs. Union of India & ANR, writ petition No. 16 of 2008), the Supreme Court of India addressed its decision directly to the Government of Pakistan. Speaking on behalf of an Indian citizen imprisoned in Pakistan since 1984, the Indian Supreme Court made an impassioned plea to Pakistani officials for his expeditious release.