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Under the lens

A popular court is not necessarily a constitutional court

An institution preserves its majesty and inspires respect and confidence only when it respects its own limitations and the space carved out for others by the Constitution. Is the Supreme Court neglecting this?
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jsaideepak
1 Oct 2018 6 Mins Read 0 comment
Over the past few weeks, the Supreme Court has delivered a series of landmark judgments; Sajad Hussain/AFP/Getty Images Getty Images
Over the past few weeks, the Supreme Court has delivered a series of landmark judgments; Sajad Hussain/AFP/Getty Images
Justice Felix Frankfurter, who served as an Associate Justice of the United States Supreme Court from 1939 to 1962, was considered one of the most vocal advocates of judicial restraint of his time. To the author’s mind, this description does not do justice to his true position on the role and place of the judiciary in a constitutional democracy. Justice
in Hindi goes: “ Apni izzat apne haath” (loosely, “You are responsible for preserving your own dignity”). J. Sai Deepak is an engineer-turned-litigator who practises as an arguing counsel before the Supreme Court of India and the Delhi High Court. Sai argued for two women’s organisations in the Sabarimala case in support of the Temple’s position.
Justice Felix Frankfurter, who served as an Associate Justice of the United States Supreme Court from 1939 to 1962, was considered one of the most vocal advocates of judicial restraint of his time. To the author’s mind, this description does not do justice to his true position on the role and place of the judiciary in a constitutional democracy. Justice in Hindi goes: “ Apni izzat apne haath” (loosely, “You are responsible for preserving your own dignity”). J. Sai Deepak is an engineer-turned-litigator who practises as an arguing counsel before the Supreme Court of India and the Delhi High Court. Sai argued for two women’s organisations in the Sabarimala case in support of the Temple’s position.

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