Brown v. Unnikrishnan: A Tale of Two Landmarks
Keywords:
Brown, Judicial Activism, RTE, Segregation, UnnikrishnanAbstract
Rise in the powers of Judiciary and increasing dependence on courts for the declaration and promotion of socio economic rights in democracies is a global phenomenon. Proactive role played by Judiciary in safeguarding rights of citizens through creative interpretation of the Constitutional tenets and adapting to the changing structures of society and rights discourse, has generated a debate about the role of Judiciary. It has earned all types of positive and negative titles ranging from saviour, pioneer, activist, over enthusiastic, usurper etc. Efficacy of judicial pronouncements, in the area of socioeconomic rights, is a moot point getting mixed responses from scholars. This paper discusses the role of Judiciary, in the area of school education with specific reference to two landmark judgments by the Supreme Courts of the United States of America and India. It is an attempt to understand the significance of these two judgments in terms of their implementation and impact.
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