Trans Critique in Action: Kelsen, Habermas, Schauer and the Indian Constitutional Court

Seven decades of constitutional adjudication. One court. Four lenses through which to see it clearly - for the first time.In Trans-Critique in Action, Research Scholar Rangdajied Marwein constructs a bold and original evaluative framework - drawing on Hans Kelsen's theory of normative hierarchy, Jürgen Habermas's discourse theory of democratic legitimacy, Frederick Schauer's institutional jurisprudence, and the transformative telos of the Indian Constitution itself - and turns it with unprecedented precision upon the Supreme Court of India.The result is a work that is simultaneously diagnostic and constructive. It maps the Court's greatest constitutional achievements alongside its most persistent institutional failures - performed proportionality, selective democratic vigilance, governance drift in public interest litigation, recognition ambivalence in religion and identity cases, and the systematic under-enforcement of dignity rights for India's most marginalised populations.This is essential reading for constitutional scholars, advocates, judges, policy-makers, and every citizen who understands that the quality of constitutional reasoning is not a technical question - it is a democratic one. Law - Constitutional Theory - Indian Jurisprudence