Hastings International and Comparative Law Review Volume 32 Article 2 Number 1 Winter 2009 1-1-2009 Addressing Judicial Activism in the Indian Supreme Court: Towards an Evolved Debate Madhav Khosla Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Madhav Khosla, Addressing Judicial Activism in the Indian Supreme Court: Towards an Evolved Debate, 32 Hastings Int'l & Comp. L. Rev. 55 (2009). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol32/iss1/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. Addressing Judicial Activism in the Indian Supreme Court: Towards an Evolved Debate By MADHAV KHOSLA* I. Introduction In recent years, the Indian Supreme Court has invited significant attention for the important position it has come to occupy within the nation's politics. Commentary on the working of the Court has been varied, with some scholars voicing strong opposition to the judiciary's rise,2 while others highlighting its role in the achievement of social *Research Assistant, Commission on Centre-State Relations, Government of India. All views expressed are my own. I wish to thank the Hon. Justice H.S. Bedi (Supreme Court of India), Paul Craig (University of Oxford), Madhava Menon (Commission on Centre-State Relations, Government of India), Sudhir Krishnaswamy (National Law School of India University) and Ananth Padmanabhan (Advocate, High Court of Judicature at Madras) for their useful comments and suggestions.