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Boston College International and Comparative Law Review
Volume 31 | Issue 2 Article 4

5-1-2008

India's New Constitutionalism: Two Cases That Have Reshaped Indian Law
Milan Dalal

Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Constitutional Law Commons, and the Foreign Law Commons Recommended Citation Milan Dalal, India's New Constitutionalism: Two Cases That Have Reshaped Indian Law, 31 B.C. Int'l & Comp. L. Rev. 257 (2008), http://lawdigitalcommons.bc.edu/iclr/vol31/iss2/4
This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact nick.szydlowski@bc.edu.

INDIA’S NEW CONSTITUTIONALISM: TWO CASES THAT HAVE RESHAPED INDIAN LAW
Milan Dalal*
Abstract: As a nation of over one billion people and the world’s largest democracy, India is sometimes confronted with situations in which its democratic institutions clash. Under the Indian Constitution, legislation concerning land reform is placed in a special category designed to immunize it from judicial scrutiny. This scheme, known as the Ninth Schedule, has been abused by legislators seeking electoral benefit. Simultaneously, the country has been rocked by a series of public corruption scandals. As Parliament has sought to clean up its image by expelling disgraced members, its actions have been challenged as unconstitutional, leading to a constitutional showdown between the legislative and judicial branches. This Note analyzes two seminal decisions of the Indian Supreme Court, handed down in January 2007, which have the potential to transform Indian law by declaring the court the ultimate arbiter of the

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