Wednesday, November 13, 2013

T.S.R. Subramanian Debate Continues

The debate over T.S.R. Subramanian continues in the pages of the Indian Express. On Friday, Pratap Bhanu Mehta wrote a whithering critique of the judgment, which takes steps to increase bureaucratic independence, labeling it judicial overreach that allows a middle class agenda to undercut representative democracy. Today, Menaka Guruswamy, one of the primary lawyers for the bureaucrats who brought the case, struck back, arguing in an op-ed that Mehta fundamentally misreads the judgment, which she argues is actually an example of restrained judicial intervention grounded both in sound policy and a careful reading of constitutional text and history. I recommend reading both pieces to gain insight not only into this case, but the larger debate over the Court's role in shaping the Indian polity.
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