The justice of policy

In theory, all the three branches of government — executive, legislature and judiciary — are equal. But in practice, cautioned Alexander Hamilton in the Federalist Papers, the judiciary is the weakest because it controls neither sword not purse. But I suspect that Hamilton would have reviewed his conclusion if he’d studied the decisive role of India’s courts in shaping higher education and employment policies. Indian courts have not nudged policy in education and employment; they have made it.

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