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Description
This important new work is an insider's account of the role of the Supreme Court of India in interpreting the main themes of the Constitution and in formulating contemporary public law in the country. It assesses the collective strength, as well as the fragility, of the Court as an institution of governance. Starting from the earliest days, the author examines the challenges which the highest court of the land has faced during its difficult, but exciting journey of nearly six decades.
Written by one of the Supreme Court's most respected judges, known for his personal rectitude, belief in judicial collegiality, and social justice, this book explains what the Constitution is intended to achieve and the contribution of the Court towards that end. The author situates where the Court has failed or faltered and where its role has been exemplary. Consisting of short accessible essays, this work provides an insightful commentary on a wide range of topical issues.
This volume will be indispensable reading for anyone interested in the judiciary, the constitution, and democracy in India.
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Contents
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 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 States
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. Expanding 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
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Author Details
O. Chinnappa Reddy is among the most distinguished members of the Indian judiciary. He was judge of the Supreme Court of India from 1978 to 1987. From 1967 to 1978 he was judge, High Court of Andhra Pradesh and briefly the High Court of Punjab and Haryana. He served as Chairman, Karnataka Backward Classes Commission, 1978-80, whose report remains a widely quoted classic on the subject.
As a judge of the Supreme Court, Justice Reddy was the author of many well-remembered and admired judgments including those in the McDowell decision on tax evasion, Swadeshi Mills on the principles of natural justice, Bijoe Emmanuel, the national anthem case, and Bhim Singh on damages in administrative law. His pronouncements in the B.K. Srinivasan v. State of Karnataka and the Sachidanand Pande v. State of West Bengal were pioneers in the development of Environmental Law in India. He co-authored the Ratlam Municipality case along with Justice Krishna lyer which laid the foundation for all Public Interest Litigation in the country.
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