Items tagged with Indian Supreme Court
October 11The Right to Privacy’s legacy in India commenced with the 1975 case of Gobind v. State of M.P. In this verdict, the Indian Supreme Court while acknowledging the absence of the term “privacy” in the Indian Constitution, relied on Justice Douglas’ famous ‘penumbral’ reasoning in Griswold and gave recognition to the Right to Privacy as being inherent in the totality of the Indian Constitutional structure. Since then, the Supreme Court has time and again expanded the contours of the right to privacy in a diverse range of judgments relating to phone tapping, narco-analysis, brain mapping, prisoner’s rights, and computer networks.
February 15American legal scholars have ushered in a new school of thought that has been overly skeptical of judicial supremacy. While scholars such as Larry Kramer base their arguments for their distrust of judicial supremacy on the weak premise of it being counter to historical traditions, most scholars put forward the more philosophical argument that judicial supremacy contrives a society where people lose the vital will and motivation for civic participation. These scholars are known as Popular Constitutionalists and they unanimously advocate for putting an end to judicial supremacy and handing the Constitution over to the people.