Public Policymaking in India

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Judicial Policymaking

Judicial Policymaking in Implementation

Judicial policymaking occurs through the interpretation of statutes and the application of statutes to specific cases, and judicial review of legislative and executive action by the Supreme Court (Article 32 of the Constitution) and the high courts (Article 226).

Just as implementation by field functionaries shapes the policy as it operates, the interpretation and application of legislation by judges shapes the law. To give an example, there is an increasing tendency in social legislation to eliminate the presumption of innocence of the accused, to cast the burden of proving his innocence on the accused, and to reduce judicial discretion in imposing punishment by specifying the ...