INTERNATIONAL PERSPECTIVE JUDICIAL TRENDS OF THE SUPREME COURT OF INDIA : A CRITICALANALYSIS OF RIGHTS, EQUALITY, AND DEMOCRATIC VALUES IN RECENT CONSTITUTIONAL DECISIONS
NALINI, R (2026) INTERNATIONAL PERSPECTIVE JUDICIAL TRENDS OF THE SUPREME COURT OF INDIA : A CRITICALANALYSIS OF RIGHTS, EQUALITY, AND DEMOCRATIC VALUES IN RECENT CONSTITUTIONAL DECISIONS. INTERNATIONAL PERSPECTIVE JUDICIAL TRENDS OF THE SUPREME COURT OF INDIA : A CRITICALANALYSIS OF RIGHTS, EQUALITY, AND DEMOCRATIC VALUES IN RECENT CONSTITUTIONAL DECISIONS, 6 (6). pp. 811-813. ISSN 2583-2344
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Abstract
The development of constitutional law in India cannot be fully understood in isolation from
international legal principles. In an increasingly interconnected world, constitutional courts frequently
engage with global human rights standards to interpret domestic laws. The Supreme Court of India
has consistently acknowledged the importance of international norms in shaping constitutional
values, particularly in areas relating to human dignity, equality, and freedom.¹ Although India follows a
dualist approach—where international treaties are not automatically enforceable unless incorporated
into domestic law—the judiciary has often relied on International instruments to fill legislative gaps and strengthen the interpretation of fundamental rights. This approach reflects the Court’s recognition that constitutional values must align with universally accepted human rights principles. While reliance on international law enhances rights protection, it also raises concerns regarding judicial overreach and the potential dilution of parliamentary sovereignty.
| Item Type: | Article |
|---|---|
| Subjects: | Legal Studies > Constitutional Law |
| Domains: | Legal Studies |
| Depositing User: | Mr IR Admin |
| Date Deposited: | 14 May 2026 13:07 |
| Last Modified: | 14 May 2026 13:07 |
| URI: | https://ir.vistas.ac.in/id/eprint/17135 |
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