Post-1980: An Assertive Supreme Court
Fortunately for Indian jurisprudence, the "brooding spirit of the law" referred to by Justice Khanna was to correct the excesses of the emergency soon enough.
After Indira Gandhi lost elections in 1977, the new government of Morarji Desai, and especially law minister Shanti Bhushan (who had earlier argued for the detenues in the Habeas Corpus case), introduced a number of amendments making it more difficult to declare and sustain an emergency, and reinstated much of the power to the Supreme Court. It is said that the Basic Structure doctrine, created in Kesavananda, was strengthened in Indira Gandhi's case and set in stone in Minerva Mills.
The Supreme Court's creative and expansive interpretations of Article 21 (Life and Personal Liberty), primarily after the Emergency period, have given rise to a new jurisprudence of public interest litigation that has vigorously promoted many important economic and social rights (constitutionally protected but not enforceable) including, but not restricted to, the rights to free education, livelihood, a clean environment, food and many others. Civil and political rights (traditionally protected in the Fundamental Rights chapter of the Indian Constitution) have also been expanded and more fiercely protected. These new interpretations have opened the avenue for litigation on a number of important issues. It is interesting to note that the pioneer of the expanded interpretation of Article 21, Chief Justice P N Bhagwati, was also one of the judges who heard the ADM Jabalpur case, and held that the Right to Life could not be claimed in Emergency
Read more about this topic: Supreme Court Of India
Famous quotes containing the words supreme court, supreme and/or court:
“The Supreme Court would have pleased me more if they had concerned themselves about enforcing the compulsory education provisions for Negroes in the South as is done for white children. The next ten years would be better spent in appointing truant officers and looking after conditions in the homes from which the children come. Use to the limit what we already have.”
—Zora Neale Hurston (1891–1960)
“It was the supreme expression of the mediocrity of the apparatus that Stalin himself rose to his position.”
—Leon Trotsky (1879–1940)
“The city is recruited from the country. In the year 1805, it is said, every legitimate monarch in Europe was imbecile. The city would have died out, rotted, and exploded, long ago, but that it was reinforced from the fields. It is only country which came to town day before yesterday, that is city and court today.”
—Ralph Waldo Emerson (1803–1882)