Measuring Constitutional Case Salience in the Indian Supreme Court
(2016) 6 Journal of Indian Law and Society 42
32 Pages Posted: 18 Dec 2016
Date Written: December 18, 2016
In recent years, the Indian Supreme Court has begun deciding many important constitutional cases in small benches, as opposed to benches of five or more judges - as the Constitution requires. In the context of the large docket of the Indian Supreme Court, this has presented a problem for scholars: examining ‘constitution benches’ no longer provides an adequate account of salient constitutional cases. Drawing upon literature on the United States Supreme Court, this article develops an alternative, exogenous measure of case salience based on the citation of Indian Supreme Court cases in the Times of India. This measure is deployed on a sample set of 251 cases across four years. This measure, it is argued, can constitute a valuable heuristic tool for scholars studying the Indian Supreme Court.
Keywords: case salience, Indian Supreme Court, Times of India, constitution bench
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