Indian Courts and the Political Question

The Supreme Court of India — and the judiciary more broadly — has long occupied a central place in the country’s political life. That remains as true today as ever before. Aadhar, demonetisation, the abrogation of Article 370, Special Intensive Revision exercises, and other major constitutional controversies have once again placed courts at the centre of public debate. Dr Sondhi’s talk will use the jurisprudential idea of the “political question” as an entry point into the broader issues concerning the place of law and courts in contemporary India, their relationship with democratic politics, and the ways in which judicial authority is exercised and understood. The political question doctrine raises a concern whether certain disputes are ultimately political in character and therefore not always appropriate for judicial determination. The talk will also examine debates around the alleged politicisation of the bar and the bench, asking how constitutional adjudication itself may be shaped by the wider political currents of its time.

Speaker

Dr Aditya Sondhi

Dr Aditya Sondhi is a highly regarded Senior Advocate, Supreme Court of India, who has argued in several high profile cases including those involving the hijab ban and death penalty. He holds a PhD from the University of Mysore, on the thesis that eventually was published as ‘Poles Apart: The Military and Democracy in India and Pakistan’ (Penguin 2024). He has authored other non-fiction books including ‘Unfinished Symphony’ and ‘The Order of the Crest’ with Penguin; and is an award winning playwright.