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The Indian Judiciary

The Supreme Court of India, judicial activism, Public Interest Litigation, and the judiciary's role in Indian democracy.

The Supreme Court of India

Unlike the UK Supreme Court, India's Supreme Court has the power of judicial review — it can strike down laws that violate the Constitution. The 'basic structure doctrine,' established in the landmark Kesavananda Bharati case (1973), holds that Parliament cannot amend the Constitution in ways that alter its fundamental character (democracy, secularism, rule of law, etc.).

The Indian judiciary is one of the most activist in the world. Through Public Interest Litigation (PIL), any citizen can petition the Supreme Court or High Courts on behalf of those unable to approach the court themselves. PILs have been used to address environmental protection, prison conditions, child labour, and government corruption.