Democracy and Constitutionalism in India A Study of the Basic Structure Doctrine (Oxford India Paperbacks)

• Authors: Krishnaswamy, Sudhir - Sudhir Krishnaswamy
• ISBN 10: 0198071612
• ISBN 13: 9780198071617
• Edition: Reprint
• Release: November 1, 2010
• Format: Paperback (250 pages)
• List Price: Unknown
• More Details

  Tags: Law, Administrative Law,

  Book Description:
  The basic structure 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 generated serious debates ever since as it placed substantive and procedural limits on the amending powers of the executive. 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 constitutional provisions. Readership This book will be of interest to scholars of Indian constitutional law, political theory and jurisprudence as well as judges and legal practitioners. Review Comments Krishnaswamy s overall defence of basic structure review is highly significant. The Hindu The chief merit of Sudhir Krishnaswamy s book is its revisiting of the debate on the basic structure doctrine with a fresh and strong theoretical understanding of what constitutes judicial review, which has the seeds of judicial activism. Frontline

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