Chapter 7 provides an overview of the book, its main findings and refinements to the theory based on the lessons learned. It closes by presenting the study’s broader implications for normative arguments against judicial intervention on socioeconomic rights, and for theories of judicial power. This book shows that high courts can contribute to the advancement of rights, though they cannot do so alone nor can they offer silver bullets. The Colombian and Argentine highest tribunals have, at times, successfully configured important new political spaces for effective pursuit of public policy goals, in conjunction and dialogue with external actors. In doing so, they have increased their power and positioned themselves as non-negligible political forces.

The afterword brings the various questions raised through colonial law and literature into the contemporary era. In it, I reflect on the book’s overarching argument and attempt to orient its conclusions toward the present and future. It is difficult, for example, to read the recent ruling by the Supreme Court undoing the prohibition of homosexuality in Section 377 of the Indian Penal Code as a predictable outcome of the structuring logic of colonial law. At the same time, it is equally unexpected as a consequence of contemporary Indian nationalism. Thinking about the unruly history of the “unnatural offence” that Section 377 seeks to prohibit helps reframe the legal narrative outside any teleological recourse to progress and tradition. In this vein, the afterword examines a range of flashpoints in contemporary Indian law in order to arrive at a broader understanding of the intersection of law and narrativity.

Justice PN Bhagwati, who served on the Supreme Court of India from 1973 to 1986 (including as chief justice from 1985 to 1986) is widely regarded as the most influential jurist in post-independence India. He was the main architect of public interest litigation (PIL) in the 1980s. Moreover, his engagement with the press and civil society, along with his post-judicial career as a global advocate for human rights, made him a well-known figure beyond legal circles and kept him in the limelight long after his retirement from the Court. That Justice Bhagwati was a towering judge is beyond dispute. More contested is his legacy. This chapter argues that Bhagwati’s greatest strength as a justice – unwavering confidence in the rightness of his cause – turned out to be a grave weakness, causing substantial damage to India’s higher judiciary.

The Indian Supreme Court sits in panels and can have up to 31 judges. This chapter explores how the Indian Supreme Court developed its current structure and the impact of this structure on its functioning. It argues that the Supreme Court’s structure has a range of inter-related effects that includes increasing access to the Court, producing a “polyvocal” jurisprudence that destabilizes stare decisis, spurring experimentation among judges, fostering a “Chief Justice dominant” Court, and reducing the perceived partisanship of judges. Mapping the structure of the Court, as well as the Court’s relationship with the rest of the judiciary, helps us appreciate how judges ultimately interpret the law and the Constitution not in isolation, but within a larger judicial architecture.

The Indian Supreme Court sits in panels and can have up to 31 judges. This chapter explores how the Indian Supreme Court developed its current structure and the impact of this structure on its functioning. It argues that the Supreme Court’s structure has a range of inter-related effects that includes increasing access to the Court, producing a “polyvocal” jurisprudence that destabilizes stare decisis, spurring experimentation among judges, fostering a “Chief Justice dominant” Court, and reducing the perceived partisanship of judges. Mapping the structure of the Court, as well as the Court’s relationship with the rest of the judiciary, helps us appreciate how judges ultimately interpret the law and the Constitution not in isolation, but within a larger judicial architecture.