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The Supreme Court Versus the Constitution

The Supreme Court Versus the Constitution
A Challenge To Federalism

First Edition
Edited by:
  • Pran Chopra - Late of Political Analyst and Former Chief Editor, the Statesman

January 2006 | 288 pages | SAGE Publications Pvt. Ltd
Constitutionally, the right to amend the Constitution in India lies with Parliament alone. In recent years, however, and in an atmosphere of judicial activism, the Supreme Court has gone beyond its role as interpreter of the Constitution, becoming its arbiter. There is thus scope in India's federal structure for an impasse between the Supreme Court and Parliament which will not be resolved by referring to the Constitution.

Written against this background, this collection of essays by eminent parliamentarians, jurists, legal experts and journalists examines various aspects of this important issue, including:

- the doctrine of `basic structure', and the complex responses to and consequences of this doctrine;

- judicial review in India, in relation to the superiority of Parliament in the UK and the virtually unlimited scope of judicial review by the US Supreme Court;

- `due process of law' and its applicability in India;

- the electoral system and the threat of majoritarianism;

- federalism in India: Parliament and the state legislatures;

- The Supreme Court's creativity in interpreting the Constitution but the continuing absence of clear constitutional principles despite this.

- the Court's role as the protector of fundamental rights.

Written in an accessible style, this book is a of interested to academic reseearchers and practitioners in government studies, constitutional issues, law and politics.

I K Gujral
What Our Past Has Taught Us
Pran Chopra
The Supreme Court Versus the Constitution
N R Madhav Menon
Basic Structure
After Thirty Years

P P Rao
The Constitution, Parliament and the Judiciary
Fali Nariman
`The Doctrine' Versus `Majoritarianism'
Salman Khurshid
The Court, the Constitution and the People
Subhash Kashyap
`The Doctrine' Versus the Sovereignty of the People
S K Dholakia
The Constitution and `Due Process'
Ajay K Mehra
`Due Process' or `Procedure Established by Law'?
P K Dave
Is the `Doctrine' the Obstacle?
R K P Shankardass
Anomalies of the `Doctrine'
A M Ahmadi
Federalism Revisited
Pratap Bhanu Mehta
India's Judiciary
The Promise of Uncertainty

K C Pant
A `Loose' Doctrine
Ramaswamy R Iyer
A Judicial Commission?
Ajit Mozoomdar
The Supreme Court, Parliament and the Constitution
Soli Sorabjee
The Ideal Remedy
A Valediction

Pran Chopra
Review and Response

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ISBN: 9780761934455