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International Journal of
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VOL. 10, ISSUE 4 (2024)
Defending democracy: Judiciary versus extreme nationalism in India
Authors
Mayura Pawar, Utpal Gharde, Sonali Barhate
Abstract

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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Pages:48-55
How to cite this article:
Mayura Pawar, Utpal Gharde, Sonali Barhate "Defending democracy: Judiciary versus extreme nationalism in India". International Journal of Law, Vol 10, Issue 4, 2024, Pages 48-55
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