Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine by Sudhir KrishnaswamyDemocracy and Constitutionalism in India: A Study of the Basic Structure Doctrine by Sudhir Krishnaswamy

Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

bySudhir Krishnaswamy

Paperback | December 3, 2010

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This book presents a completely reconfigured understanding of the judicial role in Indian constitutional law. The author presents a completely reconfigured understanding of the judicial role in Indian constitutional law. He lucidly and critically examines the significance and status of thebasic structure doctrine today. He addresses the question whether basic structure review is an appropriate exercise of judicial power or an abuse of it. He argues that much of the criticism against the doctrine emerges from a failure to adequately map the contours of constitutional judicial review.He assesses the legitimacy of basic structure review under three categories-legal, moral, and sociological. It critiques the views of major scholars including Seervai, Sathe, Austin, and Baxi. It also analyses the post Kesavananda Bharti cases and studies how the scope of the basic structure doctrine has been expanded by the court. He tries to develop an essential benchmark against which judicialperformance may be assessed and the confusions currently inherent in the Indian debate on judicial activism finally eliminated.
Sudhir Krishnaswamy is Professor at the National Law School of Juridical Sciences in Calcutta.
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Title:Democracy and Constitutionalism in India: A Study of the Basic Structure DoctrineFormat:PaperbackDimensions:280 pages, 8.46 × 5.51 × 0 inPublished:December 3, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198071612

ISBN - 13:9780198071617

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Table of Contents

Introduction- Basic Structure Doctrine in Indian Constitutional Adjudication1. Amending Power: Constitutional Basis for Basic Structure Review2. The Broadening Scope of Basic Structure Review: Emergency, Legislative, and Executive Powers3. Applying Basic Structure Review: The limits of State Action and the Standard of Review4. Grounds of Review: Basic Features of the Constitution5. Legitimacy of the Basic Structure Doctrine