Judicial Dynamism in India: Supreme Court’s Landmark Judgments in 2018

NLUA Law Review Volume 3 Number 1, 2019 (Previously UGC Approved Journal)

12 Pages Posted: 31 Mar 2021

See all articles by Jayanta Boruah

Jayanta Boruah

North-Eastern Hill University (NEHU)

Date Written: December 29, 2019

Abstract

Indian Constitution has provided for the establishment of the Supreme Court as the Apex Court of the land intending to defend the Rights of the Indian Citizens. And for this reason, the Court has been performing its role as the Guardian of the Constitution, whereby in the year 2018 several challenges were raised before the Court and those challenges were responded to by the Court most courageously. The Court laid down several Judgments which tended to alter the earlier prevailing laws in most cases as well as also turned down many of the previously decided case laws by the Inferior Courts.

In an attempt to defend the Constitution and to cater to the needs of the present time, the Court has adopted a dynamic approach in deciding the disputes brought before it. As the Head of the Judiciary, the Supreme Court played a commanding role over the entire year of 2018 for which this year can also be termed as a year of extreme Judicial Activism.

This paper will thus try to highlight the new rules of law introduced by the Apex Court while providing these landmark Judgments in 2018 and their impact on the nation by analyzing the views of different scholars and activists in this regard. Further, this article will try to examine that whether the role played by the Supreme Court of India is adaptable to the Country’s democratic form of Government where the Legislatures are responsible for making laws over their respective subject-matters or whether this role as played by the Supreme Court is leading to the growth of Judicial Anarchism in India since Judiciary is not a Representative body of People.

Keywords: Indian Constitution, Judiciary, Dynamism, Supreme Court of India, Judgements, Jurisprudential Changes

Suggested Citation

Boruah, Jayanta, Judicial Dynamism in India: Supreme Court’s Landmark Judgments in 2018 (December 29, 2019). NLUA Law Review Volume 3 Number 1, 2019 (Previously UGC Approved Journal), Available at SSRN: https://ssrn.com/abstract=3798361

Jayanta Boruah (Contact Author)

North-Eastern Hill University (NEHU) ( email )

Meghalaya
India

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