Constitutional limitations and the rule of law: an Indian perspective

<p>This dissertation undertakes a comprehensive examination of the doctrine of the rule of law within the Indian constitutional framework, with particular emphasis on the judiciary’s role in interpreting constitutional limitations on legislative and executive power. Since the enforcement of the Constitution of India in 1950, the Indian Supreme Court has played a pivotal role in defining, operationalizing, and enforcing the rule of law through judicial review. However, this role has been accompanied by persistent doctrinal uncertainty, especially regarding the appropriate methodology of constitutional interpretation. This study critically explores how competing interpretative approaches—namely living constitutionalism, originalism, and the doctrine of basic structure—have shaped Indian constitutional jurisprudence and assesses their compatibility with the foundational ideals of the rule of law.</p>

Name thesis:degree_name

Doctor of Juridical Science (SJD)

Level thesis:degree_level

Dissertation

Year dc:date.available

2025

Author dc:creator

• Tyagi, Sankalp

• Rule of law, constitution, India
• Constitutional Law
• Law
• Legal Studies

Language dc:language

English

Repository record dc:identifier

https://openscholarship.wustl.edu/law_etds/106

OAI identifier oai:identifier

oai:openscholarship.wustl.edu:law_etds-1104