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Scaling JusticeIndia's Supreme Court, Social Rights, and Civil Liberties$
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Shylashri Shankar

Print publication date: 2009

Print ISBN-13: 9780195693201

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195693201.001.0001

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Institutional Norms and Memories of the Supreme Court

Institutional Norms and Memories of the Supreme Court

Chapter:
(p.31) 2 Institutional Norms and Memories of the Supreme Court
Source:
Scaling Justice
Author(s):

Shylashri Shankar

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195693201.003.0002

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

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