The Court and the Constitution of India: Summits and Shallows

Paperback | February 1, 2010

byO. Chinnappa Reddy

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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-visthe 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.

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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-visthe Constitution, examining the challenges whi...

O. Chinnappa Reddy is Former Judge of the Supreme Court of India.

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Format:PaperbackDimensions:392 pages, 8.46 × 5.51 × 0.68 inPublished:February 1, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198066287

ISBN - 13:9780198066286

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Table of Contents

AcknowledgementsUpendra Baxi: ForewordA. S. Anand: Introduction1. The Heritage2. Building a Castle, But Not in the Air: The Making of the Constitution3. A Brief Outline of the Constitution4. Gopalan, Preventive Detention and Habeas Corpus5. Crossroads, Champakam Dorairajan and the First Amendment6. The Early Struggles and Peace at Last: Land Reforms, Golaknath, Kesavananda, and Articles 31-B and 31-C7. The Terms of the Armistice: Basic Features of the Constitution8. Democracy Denuded: The Aftermath of Kesavananda, Emergency, and Supersession of Judges9. All this and Heaven too: Directive Principles of State Policy10. Smoothening the Creases: Equality before Law11. Ladders to Climb and Bridges to Cross: Reservations, Scheduled Castes, Scheduled Tribes, and Backward Classes12. Reentry of Eve in the Garden of Eden: Women and Women's Rights13. The Garden of Fruits and Flowers: Right to Life14. Each for All and All for Each: Socialism15. 'May Your Religion be the Welfare of Humanity': Secularism16. Minorities and Minority Institutions17. Labour Law18. To Speak or Not to Speak: Freedom of Expression19. The Sword of Damocles: Contempt of Court20. The State, its Instrumentalities and Agencies21. Each for All, All for Each: Federalism, the Union and the States22. To be Heard or Not to be Heard: Natural Justice and the Supreme Court23. The Taming of the Shrew: Administrative Law24. Whither Has the Magic of the Flowers and Fruits Gone?: Environmental Law25. Explaining the Judicial Universe: Judicial Activism26. The Garden is Open to the Public: Public Interest Litigation27. Choosing the Ruler: Elections28. A Contribution and Not an Exaction: Taxation29. The Invasions and the Defences: Crime and Criminal Law30. Conscience Keepers of the Law: Judges and Courts31. ConclusionCase IndexSubject Index