The Role of the Judiciary in India\u27s Constitutional Democracy

During the period immediately following India\u27s independence from British rule, the Indian framers promulgated a Constitution which was designed to take account of India\u27s unique circumstances. The Constitution both ensured the legal and social equality of all Indians and afforded the Indian Parliament considerable power to alter the Constitution in order to take account of changed political circumstances. Inevitably, shortly after the Constitution\u27s adoption the Parliament began employing its powers of amendment to limit the effect of those provisions designed to promote equality. The Indian Judiciary responded, however, with various efforts to safeguard the constitutionally-protected liberties from abrogation by Parliament. This Article describes this ongoing dispute between the Indian Judiciary and Parliament. It focuses on the basic features limitation, a controversial doctrine employed by the Indian courts to constrain Parliament\u27s ability to amend the Constitution\u27s core attributes. It asserts that despite the seeming tension between amendatory power afforded to Parliament, the Indian Judiciary\u27s efforts to safeguard individual liberties are wholly consistent with the framers\u27 ultimate objective of moving India in a more egalitarian direction