On India’s Postcolonial Engagement with the Rule of Law

On India’s Postcolonial Engagement with the Rule of Law

*

Volume 6 Issue 1 ()

By rescuing the rule of law from ideological abuse, this paper explores in its postcolonial career in India, continuities with and distinctiveness from the colonial experience. Specifically focusing on the jurisprudence of the Supreme Court on civil liberties, equality and social rights, it claims that ideas of the exceptional and of the outsider have been integral to the modern rule of law project, and that marked continuities can be noticed with the colonial past in so far as they have been acknowledged in Indian public law practice. India’s distinctiveness, though, lies in the invocation of exceptions for the sake of promoting popular welfare in a postcolonial democracy.

Cite as: Moiz Tundawala, On India’s Postcolonial Engagement with the Rule of Law, 6 NUJS L. Rev. 11 (2013)

Disclaimer: All articles of Issue 6 (1) of the NUJS Law Review will be released online once the print copy is out