Basic Structure Constitutionalism
Basic Structure Constitutionalism

Author: Sathya Narayan

Publisher:

Published: 2011

Total Pages: 290

ISBN-13: 9789350281888

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Collection of contributed papers presented at the event, Revisiting Kesavananda Bharati, organized by Centre for Public Law, ILS Law College, Pune, India on Jan. 16, 2010; includes invited papers; festschrift for Indian lawyers, Nani Palkhivala and H.M. Seervai.

Democracy and Constitutionalism in India
Democracy and Constitutionalism in India

Author: Sudhir Krishnaswamy

Publisher: Oxford University Press

Published: 2010-11-03

Total Pages: 338

ISBN-13: 0199088446

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The basic strucure doctrine articulated by the Indian Supreme Court in 1973 made it amply clear that the basic features of the Constitution must remain inviolable. The doctrine has generatd serious debates ever since as it placed substantive and procedural limits on the amending powers of the Execuive. Despite the lack of clarity as to its nature, the scope of the doctrine has been broadened in recent years, and a wide range of state actions are covered in its purview. In this book, Krishnaswamy analyses its legitimacy in legal, moral and sociological terms, and argues that the doctrine has emerged from a valid interpretation of the constituitional provisions. This book will be of interest to scholars of Indian Constitutional law, political theory and jurisprudence as well as judges and legal practitioners.

Judicial Review Or Confrontation?
Judicial Review Or Confrontation?

Author: Hans Raj Khanna

Publisher: Delhi : Macmillan Company of India

Published: 1977

Total Pages: 104

ISBN-13:

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On the question whether the 1973 judgement of the Supreme Court of India in the Kesavananda Bharati case and the concept of a basic structure of a constitution necessarily create a confrontation between the courts and the legislature.

10 Judgements That Changed India
10 Judgements That Changed India

Author: Zia Mody

Publisher: Penguin UK

Published: 2013-08-15

Total Pages: 268

ISBN-13: 8184759533

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Who was Shah Bano and why was her alimony pertinent to India’s Secularism? Does the fundamental right to life include the right to livelihood and shelter? Where there is the right to live, is there also the right to die? How did Bhanwari Devi’s Rape help define sexual harassment at the workplace? Here are the Supreme Court's ten pivotal judgements that have transformed Indian democracy and redefined our daily, lives. Exploring vital themes such as custodial deaths, reservations and environmental jurisprudence, this book contextualizes the judgements, explains key concepts and maps their impacts. Written by one of India's most respected lawyers, Ten Judgements That Changed India is an authoritative yet accessible read for anyone keen to understand India's legal system and the foundations of our democracy.

Working a Democratic Constitution
Working a Democratic Constitution

Author: Granville Austin

Publisher: Oxford University Press, USA

Published: 2003

Total Pages: 796

ISBN-13:

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Working a Democratic Constitution tells a very human story of how the social, political and day-to-day lived realities of the Indian people has been reflected in, and in turn directed the course of, constitutional reforms in the country. Through the post independence euphoria to the turbulentyears of Indira Gandhi's 'Emergency' and Rajiv Gandhi's brief period of power, the way in which the constitution has evolved to suit the changing needs of the times is an important indicator of India's successful experience with democracy. Granville Austin is one of the world's leading experts on the Indian constitution. Since his classic work The Indian Constitution: Cornerstone of a Nation (OUP, 1966), he has been working on this long-awaited book, which not only presents archival sources, but also first-hand interviews with andrare documentation by many of the key political and legal figures of the last fifty years. With its wide historical sweep, and meticulously detailed research, this is Austin's magnum opus described by Fali Nariman as a 'great and compassionate work'. The clarity and elegance of Austin's writing makes this book not only a necessary but a pleasurable read for anyone interested in comparative constitutional law and the recent political history of India, and for students, teachers and researchers of the subject.

Landmark Judgements That Changed India
Landmark Judgements That Changed India

Author: Asok K. Ganguly

Publisher: Rupa Publications India

Published: 2015-08-02

Total Pages: 180

ISBN-13: 9788129135087

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The executive, the legislature and the judiciary are the three branches of government, both state and central, in India. Of these, it is the judiciary's task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts. In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed. Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.