Role of Judiciary to Sustain Constitutionalism

Abstract

All nations in the modern era embraced democratic political systems and welfare state ideologies, giving administrative agencies broad latitude to act as they see fit. In the lack of clear rules, etc., using those powers frequently becomes subjective. In order to guarantee that "the rule of law" is present in all governmental operations, it is, therefore, imperative to restrict discretionary powers. The Indian judiciary has been correctly cited as an illustration of this worldwide trend as courts have gained authority in recent years. The Indian Court has, in many respects, evolved into a model for good governance that judges the rest of the Indian government.

“On October 16, 2015, the Supreme Court of India (Supreme Court) issued a landmark judgment in NJLC. The judgment held unconstitutional the Ninety-ninth Amendment to the Indian Constitution, which established National Judicial Appointments Commission.

This Article argues that the Court has expanded its mandate as a result of the shortcomings of India’s representative institutions. The Indian Supreme Court’s institutional structure has also aided its rise and helps explain why the Court has gained more influence than most other judiciaries. This Article examines the development of India’s fundamental structure doctrine and the Court’s broad right-to-life jurisprudence to explore how the Court has enlarged its role.