Skip to main content

“Judiciary & The Executive: A Conjoint Demosprudence?”, 28 June 2019

 Item
Identifier: UB-005-01-06-105

Scope and Contents

From the Collection:

The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.

Dates

  • Publication: 28 June 2019

Creator

Full Extent

From the Collection: 250 Megabytes

Language of Materials

English

Abstract

This article explores the necessary but fraught cooperation between the judiciary and the executive. Baxi introduces the concept of "conjoint demosprudence," where both branches work together to fulfill the constitutional promise of social justice. However, he warns against "collusion" that sacrifices citizens' rights. The synopsis explains that while the executive has the mandate of the "ballot," the judiciary has the mandate of the "Constitution." True demosprudence occurs when the judiciary prompts the executive to act on behalf of the "weakest," ensuring that the "majesty of the law" serves the "misery of the people." In India Legal.

Repository Details

Part of the NLS Law and Society Archives Repository

Contact: