Judicial Politics in India: The Crisis of Constitutional Silence
Sr No:
Page No:
42-45
Language:
English
Authors:
Somprity*
Received:
2026-01-09
Accepted:
2026-02-13
Published Date:
2026-02-27
Abstract:
India's constitutional framework, celebrated for its explicit enumeration of fundamental rights and directive principles,
contains significant silences that have become the contested terrain of judicial politics. This paper examines how the Supreme Court of
India has navigated, exploited, and at times exacerbated these silences — gaps in constitutional text concerning judicial appointments,
the scope of basic structure doctrine, legislative accountability, and the boundaries of executive power. Drawing on landmark
judgments from the Kesavananda Bharati case to the NJAC verdict and beyond, the paper argues that constitutional silence is not
merely an interpretive void but a structural invitation for judicial agency. The resulting tension between democratic legitimacy and
constitutional supremacy has produced a crisis of institutional ambiguity, wherein the judiciary's counter-majoritarian role is
simultaneously indispensable and contested. The paper critically assesses how the collegium system emerged from silence, how PIL
jurisdiction expanded beyond textual mandate, and how judicial overreach and restraint oscillate without principled demarcation. It
concludes that resolving this crisis demands not only constitutional amendment but a broader deliberative reckoning with the
normative foundations of judicial power in a plural democracy.
Keywords:
Judicial politics, Constitutional silence, Judicial overreach, Counter-majoritarian difficulty, public interest litigation