India's New Constitutionalism: Two Cases That Have Reshaped Indian Law

Abstract

As a nation of over one billion people and the world’s largest democracy, India is sometimes confronted with situations in which its democratic institutions clash. Under India’s Constitution, legislation concerning land reform is placed in a special category designed to immunize it from judicial scrutiny. This scheme, known as the Ninth Schedule, has been abused by legislators seeking electoral benefit. Simultaneously, the country has been rocked by a series of public corruption scandals. As Parliament has sought to clean up its image by expelling disgraced members, its actions have been challenged as unconstitutional, leading to a constitutional showdown between the legislative and judicial branches. This Note analyzes two seminal decisions of India’s Supreme Court, handed down in January 2007, which have the potential to transform Indian law by declaring the court the ultimate arbiter of the meaning of the Indian Constitution.