Judicial Review and Court's Role
Subject : Law & Legal Issues - Constitutional Law
"[In] Complete Justice?": Legal Luminaries Scrutinize Supreme Court's 75-Year Legacy in New Book
New Delhi – A significant new volume, poised to ignite critical discourse within the legal fraternity, is set for its launch on August 27 in New Delhi. Titled "[In] Complete Justice? The Supreme Court at 75" , the book brings together an array of India's most distinguished legal minds to conduct a searching examination of the Supreme Court's journey, performance, and institutional character over the seven and a half decades of the Indian Republic.
Published by Juggernaut Books, the collection of 24 essays and three interviews has been meticulously edited by Senior Advocate and former High Court Chief Justice S Muralidhar, with assistance from Advocates Ninni Susan Thomas and Maitreya Subramanium. The launch event will feature a high-profile conversation between sitting Supreme Court Justice Abhay Oka, renowned political scientist Professor Gopal Guru, and Justice S Muralidhar, moderated by journalist Manisha Pande, promising a robust discussion on the themes explored within the book.
At its core, the book grapples with a foundational question of Indian constitutionalism. As per the publisher's note, the essays "critically analyse the role played by the Supreme Court in 75 years of the Indian Republic and examine to what extent the Court has fulfilled its role as a counter-majoritarian body capable of checking majoritarian impulses and the excesses of State power." This central inquiry moves beyond a mere chronological history, aiming instead for a nuanced, and at times provocative, appraisal of the judiciary's impact on India’s democratic fabric.
A Confluence of India's Top Jurists and Scholars
The sheer weight of the contributors' list signals the book's ambition and potential impact. The volume serves as a veritable who's who of the Indian legal and academic worlds, ensuring a diversity of perspectives grounded in decades of practical experience and scholarly rigour.
The essays feature contributions from a formidable group of former judges, senior advocates, and academics. This includes incisive analyses from former Supreme Court Justices S Ravindra Bhat and Madan B Lokur, and former High Court Chief Justices AP Shah and K Chandru. Justice Gautam Patel of the Bombay High Court also lends his distinctive voice to the collection.
From the Bar, the book includes essays by some of the country's most respected Senior Advocates, such as Gopal Subramanium, Raju Ramachandran, Arvind P Datar, Rebecca Mammen John, and Nitya Ramakrishnan. The editor, S Muralidhar, also contributes an essay. They are joined by a cohort of influential legal advocates and scholars known for their sharp constitutional commentary, including Gautam Bhatia, Vrinda Grover, Rohan J Alva, Suhrith Parthasarathy, and Amit George.
Further enriching the intellectual landscape of the book are contributions from leading academic figures like Professor Faizan Mustafa, Professor G Mohan Gopal, and Kamala Sankaran, alongside social commentators like Usha Ramanathan and P Sainath. The volume is rounded out by in-depth interviews with three stalwarts whose careers have profoundly shaped Indian law: legal scholar Professor Upendra Baxi, Senior Advocate Indira Jaising, and senior advocate and mediator Sriram Panchu.
The Enduring Question: The Court as a Counter-Majoritarian Force
The primary legal and jurisprudential issue at the heart of "[In] Complete Justice?" is the evaluation of the Supreme Court's role as a counter-majoritarian institution. This concept, fundamental to constitutional democracies, posits that an unelected judiciary's most vital function is to protect fundamental rights and constitutional principles, especially when they are threatened by the will of a legislative majority or executive overreach.
The book's inquiry is timely. In recent years, the Supreme Court has faced both praise and criticism for its handling of cases involving civil liberties, federalism, electoral processes, and the rights of minority groups. The essays are expected to delve into landmark judgments and institutional trends, assessing whether the Court has consistently upheld its constitutional mandate to act as a check on state power or if it has, at times, deferred to the executive or reflected majoritarian sentiments.
For legal professionals, this analysis is not merely academic. It directly impacts the strategy of litigation, the nature of constitutional arguments presented before the Court, and the very expectations practitioners have of the judicial process. The book will likely serve as a critical resource for advocates and judges navigating complex constitutional questions, offering a spectrum of viewpoints on judicial activism, restraint, and the Court's evolving relationship with the other branches of government.
Implications for the Legal Community and Public Discourse
The launch of "[In] Complete Justice?" is more than a literary event; it represents a moment of institutional self-reflection for the Indian legal system. By collating the views of individuals who have shaped, argued within, and presided over the justice system, the book provides an invaluable insider-outsider perspective.
As the Indian Republic continues to navigate complex social and political challenges, the role of its apex court remains a subject of intense public and professional interest. "[In] Complete Justice? The Supreme Court at 75" promises not to provide easy answers, but to ask the difficult questions and stimulate the urgent debates necessary to ensure the judiciary remains a robust and effective guardian of the Constitution for the next 75 years and beyond.
#SupremeCourtOfIndia #ConstitutionalLaw #JudicialReview
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