Judicial interventions and religious conflict in India
A constitutional critique from the Global South
Bibliographic Data
| ID | 7172134 |
|---|---|
| Authors | Jamal Uddin Choudhury (0000-0001-6843-0523, Department of Political Science, Patharkandi College, corresponding author) |
| Year | 2025 |
| Volume | 46 |
| Issue | 17 |
| Pages | 2262-2277 |
| Publication date | 2025-11-22 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Third World Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0143-6597 • E-ISSN: 1360-2241 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/01436597.2025.2559368 |
| OpenAlex | W4414520264 |
| Language | EN |
| Citations received | 1 |
| References cited | 9 |
In India’s deeply pluralistic yet increasingly polarised socio-political landscape, the judiciary has emerged as a central arbiter in religious conflicts. This paper critically examines the constitutional role of the Indian judiciary in adjudicating high-profile religious disputes, including the Shah Bano, Ayodhya, Sabarimala and Triple Talaq cases. Drawing on doctrinal analysis and theories of legal constitutionalism and Indian secularism, the study interrogates how the courts have navigated competing claims of religious freedom, gender equality and state neutrality. It argues that the judiciary functions not merely as a legal interpreter but as a political institution mediating tensions between community sentiment and constitutional morality. While some verdicts have advanced rights-based jurisprudence, others reveal patterns of majoritarian accommodation, raising urgent questions about the limits of judicial intervention in managing communal conflict. The paper contends that the credibility and constitutional authority of the judiciary in a postcolonial democracy like India hinge on its ability to balance principled secularism with pluralistic legitimacy
Global South · Psychological intervention · Religious conflict · South asia · Third world · American Constitutional Law and Politics
| Citations per year | 1 |
|---|---|
| Citation span | 2026 - 2026 (1) |
| Highly cited | No |