ABSTRACT
In India, human rights entered the juridical discourse not via its enshrinement in statutory law but through judicial decisions, often in judicial review of legislative and executive action. This chapter suggests an account of the politico-legal developments that led to the juridical discourse of human rights in India. It argues that the judiciary’s articulation of human rights has to be seen in the context of an expanding judicial power over parliamentary sovereignty. The chapter employs judicial review as a heuristic to bring forth the politics that underlies these legal developments. It looks at human rights law from the lenses of judicial review in India. Globally, judicial review has become a significant instrument to scrutinise actions and decisions of public authorities for ensuring consistency with constitutional norms and internationally accepted human rights. The Supreme Court of India and the High Courts are entrusted with the power of judicial review over legislative and executive actions.
