Constitutional Review of Cases Involving National Security Concerns in India

Abstract

The area of this research paper is that the Supreme Court has been using minimalist strategies in dealing with such cases, and that the use of this approach is opportunistic and escapist rather than either the expression of a well-theorized understanding of the role of courts in the Indian polity, or a reflection of broader policy rationales for adopting such a strategy. In this article, I will first explain the concept of minimalism and then go on to analyse how the Supreme Court’s decision on terror related cases reflect the use of a minimalist strategy.