Document Type
Book Chapter
Publication Date
2016
DOI
https://doi.org/10.1093/law/9780198704898.003.0038
Abstract
This chapter examines the relationship between private law and constitutional law in India, with particular emphasis on tort law. It considers the Indian Supreme Court’s expansion of its fundamental rights jurisprudence over the past thirty years, as well as its effort to transcend the public law/private law divide. It also explains how the Court’s fusion of constitutional law and tort law has affected the independent efficacy, normativity, and analytical basis of equivalent private law claims in India. It argues that the Court’s efforts have only undermined the overall legitimacy of private law mechanisms in the country, and that this phenomenon is evident not only with respect to tort law, but also to a lesser degree in other areas of private law, such as contract law and property law.
Disciplines
Administrative Law | Comparative and Foreign Law | Constitutional Law | Law
Recommended Citation
Shyamkrishna Balganesh,
The Constitutionalization of Indian Private Law,
The Oxford Handbook of the Indian Constitution, Sujit Choudhry, Madhav Khosla & Pratap Bhanu Mehta (Eds.), Oxford University Press
(2016).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4237
Included in
Administrative Law Commons, Comparative and Foreign Law Commons, Constitutional Law Commons