Institutional Norms and Memories of the Supreme Court

Shylashri Shankar

in Scaling Justice

Published in print February 2009 | ISBN: 9780195693201
Published online October 2012 | e-ISBN: 9780199081998 | DOI:
Institutional Norms and Memories of the Supreme Court

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This chapter describes the nature of the institutional norms and the memories of Supreme Court. The decision-making process of the court, its experience with the legislature and executive, and the court's appropriation of the power of judicial appointments and judicial review are discussed. Constitutional powers on the nature of jurisdiction, and the institutional norms flowing from these powers encourage the apex court to be supportive of the elected wings of the state. The chapter argues that these norms coupled with the institutional memory of judicial impotence during the Emergency have led to a more negotiated style of decision-making by the judges.

Keywords: institutional norms; institutional memories; Indian Supreme Court; governments; decision-making; Emergency

Chapter.  11739 words. 

Subjects: Human Rights and Immigration

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