Does the Political Question Doctrine Have a Place in the Indian Constitutional Setup?: An Analysis Through the Lens of Landmark Supreme Court Decisions

Arjun Sagar offers a meticulous examination of how the Indian Supreme Court has navigated the murky terrain of political questions. Sagar scrutinizes landmark cases that illuminate the doctrine’s fluctuating role—from constitutional amendment disputes and state-emergency controversies to the justiciability of ordinance promulgations and foreign policy matters. The article seeks to determine the political question doctrine’s place in the Indian constitutional set-up. Rooted in American constitutional jurisprudence, this doctrine compels judicial abstention in matters deemed more appropriate for resolution by the political branches, even as its precise scope remains contested. By engaging with diverse theoretical approaches and contrasting them with evolving judicial practice, his analysis reveals the inherent tensions between upholding judicial review and respecting the prerogatives of the political branches.

CALJ Volume IX Issue I_Political Question Doctrine in India.pdf

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