This article examines the
critical role of the Indian judiciary in addressing the challenges posed by
rising nationalist extremism. Through its powers of judicial review and Public
Interest Litigation (PIL), the judiciary has intervened in significant cases to
uphold constitutional values and protect fundamental rights. Landmark rulings
on the Citizenship Amendment Act (CAA) reflect the judiciary’s commitment to
equality and non-discrimination, though political and social pressures often
hinder these efforts. The analysis highlights the need for judicial
independence, comprehensive anti-discrimination laws, and enhanced enforcement
mechanisms. Drawing on innovative solutions from jurisdictions like Germany,
Canada, the United States, and South Africa, the article proposes reforms to
strengthen judicial responses to extreme nationalism. These include
implementing robust anti-discrimination laws, proactive judicial interventions,
and continuous monitoring. The article underscores the importance of public trust
and global best practices in maintaining the judiciary's role as a guardian of
constitutional values amidst rising nationalist sentiments. By adopting these
measures, India can better safeguard democracy and protect minority rights
against the pressures of nationalist extremism.
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