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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

SP Gupta v Union of India Case (India)

India [in]

Dominic Henley Katter

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
June 2023

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Constitutional law and processes — Judicial independence — Selection of judges — Standing (locus standi) — Comparative constitutional law — Federal judicial systems

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The reasons in SP Gupta v Union of India (1981) (India) stated a principle as to the independence of the judiciary according to the Constitution of India: 26 January 1950 (as Amended to 16 September 2016) (India). 2 In the Post-Emergency era of the 1970s and 1980s, the Court focused its governance efforts on activism and fundamental rights in its shift towards liberal democracy and constitutionalism (Mate 175). SP Gupta v Union of India expanded the scope of fundamental rights and liberalized standing (locus standi) for persons making claims with relation to...
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