Doctrine of Judicially Discoverable and Manageable Standards: Who Draws the Line in India?

11 Pages Posted: 15 Aug 2019

See all articles by Prakash Sharma

Prakash Sharma

Rajiv Gandhi School of Intellectual Property Law

Date Written: August 12, 2019

Abstract

The present paper discusses the doctrine of separation of power vis-a-vis concept of judicial review. Further, it discusses the inception of American doctrine of judicially manageable standards (JDMSs). In the next part, the paper will present how the Indian Supreme Court has accepted this American doctrine in various prevailing scenarios. The concept of political question has been used by our judiciary to refrain themselves in exercising jurisdiction over issues that are exclusively meant for the other two branches of the Government. An argument will be advanced through case studies, concerning the selective indulgence of Court in adjudicating upon issues where it lacked the necessary JDMSs.

Keywords: Judicial Manageable Standards, Doctrine, Adjudication, Judicial Review, Judicial Activism

Suggested Citation

Sharma, Prakash, Doctrine of Judicially Discoverable and Manageable Standards: Who Draws the Line in India? (August 12, 2019). Available at SSRN: https://ssrn.com/abstract=3435940 or http://dx.doi.org/10.2139/ssrn.3435940

Prakash Sharma (Contact Author)

Rajiv Gandhi School of Intellectual Property Law ( email )

KHARAGPUR, WEST BENGAL, INDIA
KHARAGPUR
India

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