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Inherent Powers Of The Supreme Court Of India In The Contemporary Legal Context: Judicial Discretion

Updated: Nov 25, 2023

Inherent Powers Of The Supreme Court Of India In The Contemporary Legal Context: Judicial Discretion And Accountability




Payal Choudhary, Gujarat National Law University, Gandhinagar


ABSTRACT


This research explores the intricate dynamics surrounding the exercise of inherent powers by the Supreme Court of India within the contemporary legal landscape. Guided by the hypothesis that these powers, essential for addressing statutory gaps and ensuring justice, may create a delicate balance between judicial discretion and accountability, this study examines this pressing yet understudied area.

The problem stems from the need for a comprehensive analysis of inherent powers in the modern legal framework. While pivotal for addressing legal voids and delivering equitable justice, the implications of these powers in the contemporary legal environment are relatively uncharted. This raises questions about the extent of their invocation, their impact on judicial discretion, the presence of accountability mechanisms, and their role in shaping evolving legal principles.


The significance of this study lies in its potential to illuminate the intricate complexities surrounding the Supreme Court's inherent powers in India. An understanding of these dynamics is essential for legal practitioners, scholars, and policymakers, as it informs the apex judicial body's functioning and contributes to a broader comprehension of India's legal system.


The research gap emerges from the limited exploration of these nuanced aspects of inherent powers within the contemporary legal context. Existing studies often focus on historical perspectives or specific cases, leaving a significant need for a holistic examination of the multifaceted dynamics and implications of these powers in today's legal landscape.


The central research question is, "How do the inherent powers vested in the Supreme Court of India, in the contemporary legal context, affect the balance between judicial discretion and accountability, and what impact do they have on the development of jurisprudence and constitutional interpretation?" To address this question, the study will employ a multifaceted approach, including historical evolution, legal analysis, case studies, challenges and controversies. Through these steps, the study aims to deepen understanding of the Supreme Court's inherent powers, their contemporary significance, and their role in shaping India's evolving legal landscape.


Keywords: Inherent Powers, Supreme Court of India, Contemporary Legal Landscape, Judicial Discretion, Accountability, Legal Complexities


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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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