The process of deliberative democracy is structured in two ways, namely, in law-making (through dissent and deliberation) and judicial decisions (as a counter to majoritarian decision making). Our paper posits that this notion of democracy is under challenge in India from both the majoritarian government and an independent judiciary. This is discerned through our analysis of two incidents. The first incident relates to the enactment and subsequent repeal of three farm laws by the Indian government in 2021 in violation of legal and political constitutionalism. While the second one concerns the recent decision of the Supreme Court in NIA v. Zahoor Ahmad Shah Watali that it is not permissible for courts to question prosecution cases while deciding bail in anti-terror cases, which in turn has resulted in high incarceration rates. We argue that these incidents are causing a crisis of deliberative democratic norms in India and propitiating hegemonic discourses of majoritarianism in India.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!