[동아시아연구원] Ensuring Horizontal Accountability in India: The Role of Judiciary

Niranjan Sahoo, a Senior Fellow at the Observer Research Foundation, examines the extent to which the judiciary in India has ensured horizontal accountability by keeping the executive branch from supremacy. Since the 1980s after the national emergency period, courts have made proactive judgments guaranteeing fundamental civil rights and judicial independence. This was possible during the coalition governments with relatively weak political power. After securing a majority in Parliament in 2014, the executive has taken measures to pressure the judiciary and undermine its function in protecting constitutional principles. The author criticizes that as judicial freedom and constitutionalism continue to decline, democracy and fundamental rights in India would be in a significant crisis.

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