COVID-19 in the Apex Courts of India and Australia: Judicial Roles and Constitutional Cultures

Abstract

This chapter tells the story of COVID-19 in the Supreme Court of India and the High Court of Australia. It explores and compares the jurisprudence of these courts in cases that touch upon the pandemic. Considering the pandemic through the jurisprudential lens of these apex courts provides early insight into the kinds of COVID-19 cases that are likely to continue to be taken up by the highest courts. It also hints at what their future responses might be. Comparing their rulings confirms the distinct roles played by these two courts and highlights differences in the constitutional cultures of India and Australia. Despite these differences, there are important lessons that can be learned from comparing COVID-19 jurisprudence as the global nature of the pandemic has created similar problems in countries around the world. These shared challenges provide a common ground that is ripe for comparative legal analysis. Legal systems stand to gain valuable insights from considering the approaches of foreign jurisdictions and applying their lessons to the domestic context.

Keywords: courts, law, comparative law, Supreme Court of India, High Court of Australia, jurisprudence, COVID-19, pandemic

JEL Classification: K00, K10, K19, K29