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Scaling Justice – India's Supreme Court, Social Rights, and Civil Liberties - Oxford Scholarship Online
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Scaling Justice: India's Supreme Court, Social Rights, and Civil Liberties

Shylashri Shankar


Most experts agree that India's Supreme Court and lower courts' pro-active behaviour on social rights can be traced back to the immediate post-Emergency era. Post-Emergency, judges have become ‘embedded negotiators’. Their judgments have carefully avoided conflict with the political wings while being mindful of their role as safe keepers of the rights of citizens. While the Court has sometimes been charged with judicial overreach, this book attempts to understand why certain choices were made by the Supreme Court judges and the circumstances in which they were made. Qualitative analysis of the ... More

Keywords: India, Supreme Court, Emergency, Multivariate analysis, social rights, preventive detention, anti-terror, health, education

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780195693201
Published to Oxford Scholarship Online: October 2012 DOI:10.1093/acprof:oso/9780195693201.001.0001


Affiliations are at time of print publication.

Shylashri Shankar, author
Fellow, Centre for Policy Research, New Delhi