Selected Works of S.P. Sathe: Selected Writings of S.P. Sathe (1931-2006)

Hardcover | March 25, 2010

bySathya Narayan

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Selected Works of S.P. Sathe offers a hand-picked selection of articles from the vast corpus of Professor Sathe's works, published in Indian and international law journals and books over a period of five decades. This three-volume compendium carries the legacy of this eminent jurist and widelycited Indian legal scholar to present and future generations, and will be a cornerstone of inspiration for lawyers and legal scholars for years to come.The first volume, Constitutionalism, focuses on the Indian Constitution. The essays in this volume are arranged in four thematic sections and discuss the vistas of the Indian Constitution, its provisions with regard to the right to property, the "basic structure" principle, and human rights in theIndian context. The articles critically examine vital aspects of the Constitution ranging from an analysis of its role in constructing social justice to an exploration of the difference between Constitution and Constitutionalism. Also covered are the process of legitimation of the IndianConstitution, and the journey of the Indian judiciary from positivism to structuralism in interpreting the provisions of the Constitution. The second volume, Judicial Power and Processes, focuses on the development of public law and the judicial process in India. The essays in this volume encompass six thematic sections - federalism and centre-state relations; judicial processes; fundamental rights and the judicial process; judicialreview; freedom of the press, defamation, and contempt of court; and glimpses of administrative law. The articles astutely analyse the legitimacy of the judicial process and public participation in the same, as well as redefine assumptions about judicial power and its processes. The third volume, Social Justice and Legal Transformation, focuses on mechanisms for safeguarding social justice in constitutionally secular India. The essays in this work are categorized into ten thematic sections that discuss India as a secular country; the Right to Information; gender, law, andjustice; and reservations. The articles also include profiles of legal luminaries and analyses of the legal profession and social change; activist lawyering; legal aid; legal education and research; and police, prison issues, and criminal justice. The wide range of articles in this volume providesprofound stimulus to the discourse on public law and social justice.

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Selected Works of S.P. Sathe offers a hand-picked selection of articles from the vast corpus of Professor Sathe's works, published in Indian and international law journals and books over a period of five decades. This three-volume compendium carries the legacy of this eminent jurist and widelycited Indian legal scholar to present and f...

Sathya Narayan is Honorary Director, Institute of Advanced Legal Studies (IALS), ILS Law College, Pune.
Format:HardcoverDimensions:552 pages, 8.46 × 5.51 × 0.01 inPublished:March 25, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195694155

ISBN - 13:9780195694154

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Table of Contents

Volume 1Upendra Baxi: ForewordAcknowledgementsSathya Narayan: IntroductionI VISTAS OF THE CONSTITUTION1. Ordinance-making Power of the President of India2. Supreme Court, Parliament and Constitution3. The Constitutional Aspect: II4. Has the Constitution Obstructed Social Justice?5. Liberalism, Fundamentalism and the Writer: Constitutional Perspectives6. The Unfinished Agenda: The Constitution at the Crossroads7. Review of the Constitution: Need to Keep an Open Mind8. The Indian Constitution: Stability and Change9. Governors' Dismissal: Constitutional Validity and Propriety10. People and Law: Towards Legitimation of the Constitution - A Review11. Appointment of Judges: The Issues12. Avoidance of Premature Constitutional Questions by the Supreme Court13. The Indian Constitution and the Emergency of June 197514. Public Corporations and Government Companies as 'State'15. 'Citizenship' in India: Some Problems Regarding the Determination of16. Fundamental Rights and Directive Principles of State Policy17. India: From Positivism to StructuralismII INDIAN CONSTITUTION AND RIGHT TO PROPERTY18. Right to Private Property: Some Issues19. Right to Property after the 44th Amendment: Reflections on Prof. P.K. Tripathi's Observations20. Right to Property and Constitutional AmendmentIII INDIAN CONSTITUTION AND THE BASIC STRUCTURE DOCTRINE21. Limitations on Constitutional Amendment: 'Basic Structure' Principle Re-examined22. Conflict between Parliament and Judiciary: The Basic Structure DoctrineIV HUMAN RIGHTS23. Human Rights and Natural Law Thought: From the National Movement to the Constitution - An Indian Experience24. Towards an Effective Human Rights Commission25. Human Rights in India: The Updated Amnesty International Report26. Child and Human Rights27. Paradigm Shift of Human Rights Discourse28. Human Rights Education: National Perspective29. Development and Human RightsIndexAbout the AuthorAbout the EditorAbout Indian Law SocietyVolume 2Upendra Baxi: ForewordAcknowledgementsSathya Narayan: IntroductionI FEDERALISM: CENTRE-STATE RELATIONS (INCLUDING ARTICLE 370)1. Centre-State Relations: Sociological and Political Perspectives2. Towards Co-operative Federalism: Revisioning the Centre-State Relations3. JandK and Article 370 of the Constitution: Guidelines for Future Federalisation of the Polity4. Article 370: Constitutional Obligations and Compulsions5. JandK: Some Constitutional IssuesII JUDICIAL PROCESSES6. Standing to Assert Fundamental Rights of Third Parties: An Analysis of Judicial Policy7. Limits of the Judicial Process8. Judicial Process: Creativity and Accountability9. Judicial Process in Federal India10. Judicial Power: Scope and Legitimacy11. The Power of Dissenting Opinions12. Is the State Bound by Its Own Statute?III FUNDAMENTAL RIGHTS AND THE JUDICIAL PROCESS13. Amendability of Fundamental Rights: Golak Nath and the Proposed Constitutional Amendment14. Forty-fourth Constitutional Amendment15. Supreme Court on Right to Education16. Education and Constitution: Some Perspectives17. Enlarging the Fundamental RightsIV JUDICIAL REVIEW18. Judicial Review in India: Limits and Policy19. Judicial Review and Politics20. Supreme Court and NBA21. Supreme Court, Jayalalitha, and Crisis ManagementV FREEDOM OF THE PRESS, DEFAMATION, AND CONTEMPT OF COURT22. Freedom of Speech and Contempt of Court (Discussion Restricted to E.M.S. Namboodiripad v. T.N. Nambiar)23. Freedom of Speech and Contempt of Court24. Freedom of the Press and the Basic Structure Doctrine25. NBA Contempt of Court Case26. Defamation and Public AdvocacyVI GLIMPSES OF ADMINISTRATIVE LAW27. Constitutional Validity of Delegated Legislation28. Delegated Legislation in India29. Administrative Law: New Horizons30. Public Participation in Judicial Process: New Trends in Law of Locus Standi with Special Reference to Administrative Law31. Administrative Law and the PoorIndexAbout the AuthorAbout the EditorAbout Indian Law SocietyVolume 3Upendra Baxi: ForewordAcknowledge,emtsSathya Narayan: IntroductionI A SECULAR COUNTRY: THE INDIA OF MY DREAMS1. Cow Slaughter: The Legal Aspect2. Secularism and Law3. Secularism, Law and the Constitution of India4. India of My Dream - Secularism5. Religion-Politics of Separation: Some Thoughts on Proposed Legislation 666. Badruddin Tyabji and the Indian Pluralism - I7. Badruddin Tyabji and the Indian Pluralism - II8. Uniform Civil Code: Implications of Supreme Court Intervention9. Secularism and the Supreme Court of India10. Secularism: Law and the Constitution in India with Special Reference to Judicial Activism11. Secular Uniform Code12. Was Jinnah Secular?II RIGHT TO INFORMATION13. Right to Information - For an Accountable and Participatory GovernanceIII GENDER, LAW, AND JUSTICE14. Legal Services for Women15. Sexism in Law and Justice16. Women and Violence17. Gender, Constitution and the Courts18. Women, Development and Gender Justice19. Women and Human Rights20. From Shah Bano to Daniel LatifiIV SOCIAL JUSTICE AND RESERVATIONS21. Reservation of Seats in Legislatures for Scheduled Castes and Scheduled Tribes22. Social Justice through Reservations and the Supreme Court23. Reservations and the ConstitutionV PROFILES OF A FEW LEGAL LUMINARIES24. Chief Justice Gajendragadkar and Industrial Adjudication25. Jawaharlal Nehru and the Fundamental Rights26. Tilak's Philosophy of Law27. Nehru and Federalism: Vision and Prospects28. Seervai, Legal Positivism and Indian Democracy29. Palkhivala: As I Knew Him30. Justice Krishna Iyer's Contribution to Constitutional LawVI THE LEGAL PROFESSION AND SOCIAL CHANGE31. Legal Profession - Its Contribution to Social Change: A Survey of the Pune City BarVII ACTIVIST LAWYERING32. Legal Activism, Social Action and Government Lawlessness33. Activist Lawyering for Social Justice34. Judicial Activism for Social Justice35. Curbs on Public Interest Litigation: UF Government's Evil DesignsVIII LEGAL AID36. Access to Justice: Pattern of Legal Services for Indian Democracy37. Some Thoughts on the Legal Aid Movement 62438. Access to Law and JusticeIX POLICE, PRISON ISSUES, AND CRIMINAL JUSTICE39. Electric Shocks to Prisoners40. Punishment and Criminal Justice41. Liability of a Police Officer for Custodial Death: A NoteX LEGAL EDUCATION/LEGAL RESEARCH42. Legal Research: Relevance to Social Change and Development43. Post-Graduate Teaching and Research in Law44. Access to Legal Education and Legal Profession in India45. Non-Formal Legal Education46. Language of the Law47. Is a National Law School Necessary?IndexAbout the AuthorAbout the EditorAbout Indian Law Society