Political Climate and the Apex Court

5 Pages Posted: 5 Mar 2021

Date Written: November 14, 2020

Abstract

This paper comments upon how the Apex Court of a democracy generally dispenses justice in an impartial manner and is largely not influenced by the political climate. In the initial part of the paper, I have reflected upon the ideas of separation of powers, independence of judiciary, and meaning of justice. Then, I have tried to put my observations about the Supreme Court of United Kingdom. Thereafter, I have discussed about the Supreme Court of India in detail by stating how this court functions impartially in delivering justice. I have also remarked on some instances in the past where I felt the Supreme Court of India might have been deterred by the political climate to deliver an impartial judgement. Then, I have discussed some recent cases decided by the Indian Supreme Court to portray the present scenario.

Keywords: Apex Court, Political Climate, Emergency, UK, India, Impartial, Justice, Constitution, Separation of powers, Independence of Judiciary

JEL Classification: K10, K19

Suggested Citation

Nayak, Shaswat, Political Climate and the Apex Court (November 14, 2020). Available at SSRN: https://ssrn.com/abstract=3769291 or http://dx.doi.org/10.2139/ssrn.3769291

Shaswat Nayak (Contact Author)

Jindal Global Law School ( email )

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Delhi NCR
Sonipat, DE Delhi NCR 131001
India
8114843411 (Phone)

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