000 02752nam a22001817a 4500
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020 _a9789349015661 (Hardback)
082 _a342.5402
100 _aNariman, Rohinton
245 _aThe basic structure doctrine :
_bProtector of constitutional integrity /
_cBy Rohinton Nariman
260 _aHaryana
_bLexisNexis India
_c2025
300 _axxiv, 384 pages
_c25 cm.
365 _bRs. 795.00
505 _aDedication; Preface; Acknowledgments; Table of Cases; Chapters: Chapter 1 - Historical Background to the Framing of India's Constitution; Chapter 2 - The Gathering Storm: The First Amendment to the Constitution of India and Sankari Prasad's Case; Chapter 3 - Basic Structure Born: Sajan Singh: Golak Nath; The Constitution 24th & 25th Amendments, 1971; and Kesavananda Bharati's Case; Chapter 4 - The Judgment in Indira Gandhi's Case: HM Seervai Changes his Mind and Supports Basic Structure; Chapter 5 - Weighed in the Scales: Pros and Cons; Chapter 6 - The Conflicting Views of Constitution Benches in Minerva Mills, Waman Rao, and Bhim Singhji; Chapter 7 - The Attempt to Clarify the Law by a Nine Judge Bench in IR Coelho's Case; Chapter 8 - Later Judgments which have Applied the Basic Structure Doctrine Chapter 9 - India Shows the Way to the Rest of the World; Conclusion; Appendix - Fundamental Rights Case by NA Palkhivala; Subject Index.
520 _aThis book explores the evolution of India’s Constitution, focusing on the development and significance of the Basic Structure Doctrine. It argues that the doctrine is pro the diverse people of India, safeguarding their interests rather than being anti-people. By restraining absolute power, the doctrine prevents corruption within government organs. The author meticulously interprets Article 368, which deals with constitutional amendments, harmonizing it with all other constitutional provisions. The book underscores that the interpretation of the Constitution is exclusively within the Judiciary’s purview. Through this judicial lens, the book demonstrates that the Basic Structure Doctrine is a vital interpretation ensuring the integrity and stability of India’s constitutional framework. Key Features: Examines key amendments, landmark cases, and judicial perspectives that have shaped constitutional law in India Highlights India’s role in setting a global precedent for constitutional integrity Provides a balanced view of the impact of the Basic Structure Doctrine on the nation’s legal framework Weighs the pros and cons of applying the doctrine, with reference to the majority and minority judgments in Kesavananda Bharati’s case
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