ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles By S P Sathe

Supreme Court and NBA

By taking a very formal view of issues like rehabilitation and environment, the Supreme Court, in the Sardar Sarovar case, seems unfortunately to be suggesting its withdrawal from the larger role which it had assumed in recent decades. This is cause for concern because through judicial activism the court has played the role of legitimising and channelling various movements for social change and social justice. The dissenting judgment of Justice Bharucha, however, encourages hope that the trend of going back to the narrow legalistic paradigm of the judicial process will not be shared by the entire court.