‘Governed by Whom?’ – Redefining the Role of Higher Judiciary, Diversity and Judicial Legitimacy in the Indian Context

Dr. Uday Shankar, Sricheta Chowdhury and Sourya Bandyopadhyay explore the expanding authority of the Supreme Court and High Courts. The paper interrogates how judicial power has evolved, often stepping into governance spaces left vacant by the legislature and executive, raising fundamental questions about democratic legitimacy. The authors analyse the intersection of judicial activism and legitimacy, emphasizing how the collegium system—despite its commitment to independence—lacks transparency in judicial appointments. The article evaluates whether increasing gender and social diversity in judicial selection can enhance public trust in the judiciary while maintaining its independence. Engaging with jurisprudential debates and comparative constitutional frameworks, the authors propose that a more representative and transparent judiciary could resolve the legitimacy concerns facing India’s higher courts.

CALJ Volume IX Issue I_Governed by Whom.pdf

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