Kalantry on the Indian Supreme Court & Surrogacy

Sital Kalantry (Cornell University – Law School) has posted When 'Creeping Jurisdiction' Goes Awry: The Social Action Litigation to Ban Surrogacy on SSRN.  Here is the abstract: Significant scholarly attention has focused on the strong role played by the Supreme Court in the Indian constitutional democracy. Exercising its powers of judicial review, the Court will invalidate legislation if determines it to be in violation of the constitution. In the judicial appointments case, for example, it invalidated legislation that would have reformed the judicial appointments system. When there is no law, but the Court finds that certain circumstances in society violate the fundamental rights of certain groups of people, it may issue its own legislative-like guidelines. It did this in the internationally famous Vishaka case, in which it created guidelines on sexual harassment. The abstract is actually the first paragraph of the paper.  This excerpt from the…

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