Re-evaluating Standards & Means of Constitutional Review in the Indian Supreme Court through Comparative Study

The Indian Supreme Court has been influenced by foreign jurisprudence as evidenced by recent judgments relating to the right to equality and other negative rights. Through an examination of standards of review for these rights in Sri Lanka, the USA, and South Africa, this paper examine whether there should there be different standards of review for different fundamental rights based on their significance in the constitution especially in the context of the expansive definition of ‘life’ and ‘personal liberty’?
This paper also examines whether the way forward for constitutional rights lies not only in doctrinal rethinking but also by creating avenues for constitutional dialogue between institutions to encourage political branches of government to legislate in a more rights-conscious way, while also democratizing access to constitutional rights. It analyzes structural changes that can address flaws in existing review standards and also result in a more efficient model of law-making.