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Democracy and Constitutionalism in India
The basic strucure doctrine articulated by the Indian Supreme Court in 1973 made it amply clear that the basic features of the Constitution must remain inviolable. The doctrine has generatd serious debates ever since as it placed substantive and procedural limits on the amending powers of the Execuive. Despite the lack of clarity as to its nature, the scope of the doctrine has been broadened in recent years, and a wide range of state actions are covered in its purview. In this book, Krishnaswamy analyses its legitimacy in legal, moral and sociological terms, and argues that the doctrine has emerged from a valid interpretation of the constituitional provisions. This book will be of interest to scholars of Indian Constitutional law, political theory and jurisprudence as well as judges and legal practitioners.
A Qualified Hope
The Indian Supreme Court is widely seen as a vanguard of progressive social change. Yet there are no systematic studies of whether its progressive decisions actually improve the lives of the relatively disadvantaged. This book presents the first collection of original empirical studies on the impact of the Indian Supreme Court's most progressive decisions. Combining original datasets with in-depth qualitative research, the chapters provide a rigorous examination of the conditions under which judicial decisions can make a difference to those in need. These studies reveal that the Indian Supreme Court, like its US counterpart, is largely constrained in its efforts. Yet, through the broad sweep of constitutional rights in the Indian Constitution, the Court's procedural innovations, and its institutional independence, the Indian Supreme Court can sometimes make a difference - in the lives of those most in need.
Crime Victimisation in India
This edited volume is a pioneering and comprehensive study of crime victimisation in India. Relying on the findings of four crime victimisation surveys conducted in India, it provides a unique basis for understanding crime in society. It considers the public’s fear of crime and perceptions of safety and security, focusing on their access to the police and how they view police effectiveness. This study provides critical data on the level of crime within particular spatial and temporal conditions which can supplement official statistics on crime published by the state, help systematically diagnose law and order issues and develop solutions for improved policing and public safety. A unique and timely volume, this book will be of interest to researchers of Asian criminology, victimology and the study of the criminal justice system, as well as those interested in empirical research and policy making in criminal justice.
A Qualified Hope
Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
Public Policymaking in India
Public Policymaking in India integrates various elements of the policymaking process that have, till date, been dealt with separately. These include interest group politics, the role of the media, judicial policymaking, and policy entrepreneurship by civil society groups. Policymaking is no longer a privileged activity of the government: As the boundary between the government and the "outside" has become more porous, the power of non-state policy actors outside the government has increased enormously. The author points to the ways in which the policymaker can cope with this brave new world of policymaking. He also grounds the theory of policymaking in concrete examples of the Green Revolution, economic reforms, patent law amendments, regulation of private educational institutions, and laying down of standards for cola drinks, thereby facilitating easy comprehension and retention of concepts
Politics and Society
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Eternity Clauses in Democratic Constitutionalism
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanis...
Judicial Activism in Post-Emergency Era
"Since the day the Constitution of India came into force, Judicial Activism has existed in different forms under the Constitution. Judicial Activism initiated by the higher judiciary in India has started serious debates on the Court’s undefined power to place substantive as well as procedural limits on the executive as well as the legislature. The Court’s new role to make law and give directions has been criticised as the usurpation of powers that belong to the other two organs. The Court has been defending its new role to uphold the constitutional values of protecting the human rights of the people thereby upholding the principle of Rule of Law. Through this book, Dr. Deka Swapna Manind...
Unstable Constitutionalism
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Court on Trial
The Indian Supreme Court was established nearly seventyfive years ago as a core part of India's constitutional project. Does the Court live up to the ideals of justice imagined by the framers of the Indian Constitution? Critics of the Supreme Court point out that it takes too long to adjudicate cases, a select group of senior advocates exercise disproportionate influence on the outcome of cases, the Chief Justice of India strategically assigns cases with an eye to outcome, and the selfappointments processknown as the collegiumis just another 'old boy's network'. Building on nearly a decade of original empirical research, this book examines these and other controversies plaguing the Supreme Court today. The authors provide an overview of the Supreme Court and its processes which are often shrouded in mystery, and present datadriven suggestions for improving the effectiveness and integrity of the Court.
