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Interstitial Articulation And Judicial Review: The Saving Grace Of India




Hrishikesh H, O.P. Jindal Global University


ABSTRACT


It has been more than 75 years since India became an independent nation. In this short history of independent India, the Constitution has been amended more than a hundred times. New legislations are being brought into force every few years to accommodate for the changes in the society of India and the world. The role of courts through these years have been active in reviewing old and new legislations, amendments and stitching the gaps of existing law which is called Interstitial Articulation. The law of the land is not just the law made by the Legislators. The ruling of the Hon’ble Supreme Court also forms a part of the law of the land. While there is freedom to legislate as per the needs of the people, the court can actively review any amendment or legislation. The court also has the power to strike down laws and give new meaning to them if necessary. This article aims at exploring Interstitial Articulation and Judicial Review in India, how it evolved, the impact it has had and what it impact it could potentially have with newer unexplored fields of law springing into existence.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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