India-US Separation of Powers Jurisprudence: Unpacking the Implications of Executive Overreach
Original framing: “Comparing separation of powers jurisprudence between India and U.S. based on recent SCOTUS ruling” — The Hindu
The original framing omits the historical context of the Emergency in India, which was declared in 1975 and led to a significant erosion of civil liberties. It also fails to consider the impact of colonialism and imperialism on the development of democratic institutions in both countries. Furthermore, the narrative neglects the perspectives of marginalized communities and the role of civil society in holding governments accountable.
Low structural omission detected in mainstream coverage.
This narrative was produced by The Hindu, a prominent Indian news outlet, for an audience interested in international affairs and comparative law. The framing serves to highlight the similarities between India and the US in terms of executive overreach, while obscuring the unique historical and cultural contexts of each country. The narrative also reinforces the dominant Western perspective on democracy and the rule of law.
The Emergency in India and the US's national emergency law have historical precedents in the use of executive power during times of crisis. However, the current trend of executive overreach is unprecedented in both countries, highlighting the need for a more nuanced understanding of the historical and systemic factors underlying this development.
The recent SCOTUS ruling highlights a concerning trend of executive overreach in both India and the US, threatening the separation of powers and democratic institutions.