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Vol 21 No 10 Oct/Nov 2016

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The Court and the Constitution of India: Summit and Shallows


ISBN13: 9780198066286
Published: October 2010
Publisher: Oxford University Press
Country of Publication: India
Format: Paperback
Price: £14.99



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This book provides a comprehensive narrative of the working of the Supreme Court of India. It assesses the collective strength and fragility of the Supreme Court as an institution of governance. The author traces the establishment of the Supreme Court of India and studies its role vis-a-vis the Constitution, examining the challenges which the court has had to face in nearly six decades. Covering areas such as rule of law, human rights, personal liberty, secularism, gender justice, rights of minorities, etc., the author analyses the various judgments given by the Supreme Court, highlighting where it has failed or faultered and where its role has been exemplary. He also examines the Indian Judiciary's relations with the Executive and the Legislature and studies the manner in which the constitution was amended from time to time, critically examining the 'objective' and 'purpose' of these amendments. The author also critically examines the judgments of the court dealing with the appointment and transfer of judges, arguing that independence of the Judiciary is not a luxury but a constitutional imperative, necessary to sustain and stabilize democracy.

Subjects:
Other Jurisdictions , India
Contents:
ACKNOWLEDGEMENTS ; FOREWORD ; INTRODUCTION ; 1. THE HERITAGE ; 2. BUILDING A CASTLE, BUT NOT IN THE AIR: THE MAKING OF THE CONSTITUTION ; 3. A BRIEF OUTLINE OF THE CONSTITUTION ; 4. GOPALAN, PREVENTIVE DETENTION AND HABEAS CORPUS ; 5. CROSSROADS, CHAMPAKAM DORAIRAJAN AND THE FIRST AMENDMENT ; 6. THE EARLY STRUGGLES AND PEACE AT LAST: LAND REFORMS, GOLAKNATH, KESAVANANDA, AND ARTICLES 31-B AND 31-C ; 7. THE TERMS OF THE ARMISTICE: BASIC FEATURES OF THE CONSTITUTION ; 8. DEMOCRACY DENUDED: THE AFTERMATH OF KESAVANANDA, EMERGENCY, AND SUPERSESSION OF JUDGES ; 9. ALL THIS AND HEAVEN TOO: DIRECTIVE PRINCIPLES OF STATE POLICY ; 10. SMOOTHENING THE CREASES: EQUALITY BEFORE LAW ; 11. LADDERS TO CLIMB AND BRIDGES TO CROSS: RESERVATIONS, SCHEDULED CASTES, SCHEDULED TRIBES, AND BACKWARD CLASSES ; 12. REENTRY OF EVE IN THE GARDEN OF EDEN: WOMEN AND WOMEN'S RIGHTS ; 13. THE GARDEN OF FRUITS AND FLOWERS: RIGHT TO LIFE ; 14. EACH FOR ALL AND ALL FOR EACH: SOCIALISM ; 15. 'MAY YOUR RELIGION BE THE WELFARE OF HUMANITY': SECULARISM ; 16. MINORITIES AND MINORITY INSTITUTIONS ; 17. LABOUR LAW ; 18. TO SPEAK OR NOT TO SPEAK: FREEDOM OF EXPRESSION ; 19. THE SWORD OF DAMOCLES: CONTEMPT OF COURT ; 20. THE STATE, ITS INSTRUMENTALITIES AND AGENCIES ; 21. EACH FOR ALL, ALL FOR EACH: FEDERALISM, THE UNION AND THE STATE ; 22. TO BE HEARD OR NOT TO BE HEARD: NATURAL JUSTICE AND THE SUPREME COURT ; 23. THE TAMING OF THE SHREW: ADMINISTRATIVE LAW ; 24. WHITHER HAS THE MAGIC OF THE FLOWERS AND FRUITS GONE?: ENVIRONMENTAL LAW ; 25. EXPLAINING THE JUDICIAL UNIVERSE: JUDICIAL ACTIVISM ; 26. THE GARDEN IS OPEN TO THE PUBLIC: PUBLIC INTEREST LITIGATION ; 27. CHOOSING THE RULER: ELECTIONS ; 28. A CONTRIBUTION AND NOT AN EXACTION: TAXATION ; 29. THE INVASIONS AND THE DEFENCES: CRIME AND CRIMINAL LAW ; 30. CONSCIENCE KEEPERS OF THE LAW: JUDGES AND COURTS ; 31. CONCLUSION ; CASE INDEX ; SUBJECT INDEX