The Court and the Constitution of India

Description

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-vis the 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.

About the author

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

Table of contents

Acknowledgements
Foreword
Introduction
1: The Heritage
2: Building a Castle, But Not in the Air: The Making of the Constitution
3: A Brief Outline of the Constitution
4: Gopalan, Preventive Detention and Habeas Corpus
5: Crossroads, Champakam Dorairajan and the First Amendment
6: The Early Struggles and Peace at Last: Land Reforms, Golaknath, Kesavananda, and Articles 31-B and 31-C
7: The Terms of the Armistice: Basic Features of the Constitution
8: Democracy Denuded: The Aftermath of Kesavananda, Emergency, and Supersession of Judges
9: All this and Heaven too: Directive Principles of State Policy
10: Smoothening the Creases: Equality before Law
11: Ladders to Climb and Bridges to Cross: Reservations, Scheduled Castes, Scheduled Tribes, and Backward Classes
12: Reentry of Eve in the Garden of Eden: Women and Women's Rights
13: The Garden of Fruits and Flowers: Right to Life
14: Each for All and All for Each: Socialism
15: 'May Your Religion be the Welfare of Humanity': Secularism
16: Minorities and Minority Institutions
17: Labour Law
18: To Speak or Not to Speak: Freedom of Expression
19: The Sword of Damocles: Contempt of Court
20: The State, its Instrumentalities and Agencies
21: Each for All, All for Each: Federalism, the Union and the State
22: To be Heard or Not to be Heard: Natural Justice and the Supreme Court
23: The Taming of the Shrew: Administrative Law
24: Whither Has the Magic of the Flowers and Fruits Gone?: Environmental Law
25: Explaining the Judicial Universe: Judicial Activism
26: The Garden is Open to the Public: Public Interest Litigation
27: Choosing the Ruler: Elections
28: A Contribution and Not an Exaction: Taxation
29: The Invasions and the Defences: Crime and Criminal Law
30: Conscience Keepers of the Law: Judges and Courts
31: Conclusion
Case Index
Subject Index