Austin's magnum opus tells the very human story of how the social, political, and day-to-day realities of the Indian people have been reflected in and directed the course of constitutional reforms since 1950.

    But how are lawyers and the judicial system in India perceived today? It is no secret that the very thought of facing the courts in India leaves the common man with a sense of dread and despair; cases drag on interminably, and justice sometimes seems like an afterthought. Who or what is responsible for this situation? Where have we lost our way? It is at times good to see ourselves as others see us, and the picture is not a very flattering one, argues Fali S. Nariman, renowned constitutional expert, practising lawyer and president of the Bar Association of India. In this frank and thought-provoking book, he realistically appraises the performance of those in the profession and what they need to do in the years ahead, and addresses some home truths about our country's legal system.

    Abhinav Chandrachud suggests that colonial-era restrictions on free speech, like sedition, obscenity, contempt of court, defamation and hate speech, were not merely retained but also strengthened in independent India. Authoritative and compelling, this book offers lucid and cogent arguments that have not been advanced substantially before by any of the leading thinkers on the right of free speech in India.

    Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts.In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed.Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.

    Combining authoritative analysis, new ideas, and diverse perspectives, they discuss subjects which are topical yet enduring, as also emerging areas of study and debate. Giving identity to over a billion people, the Indian Constitution is one of the world's great political texts. Drafted over six decades ago, its endurance and operation have fascinated and surprised many. In this short introduction, Madhav Khosla brings to light its many features, aspirations, and controversies. How does the Constitution separate power between different political actors? What form of citizenship does it embrace? And how can it change? In answering questions such as these, Khosla unravels the document's remarkable and challenging journey, inviting readers to reflect upon the theory and practice of constitutionalism in the world's largest democracy.

    A commentary and study.

    In this fascinating account, Bipan Chandra traces the events that led up to this moment and makes some startling revelations. He finds that there was a real danger of the JP movement turning fascist, given the fuzzy ideology of Total Revolution, its confused leadership and dependence on the RSS for its organization. At the same time, despite the authoritarianism inherent in the Emergency, particularly with the rising power of Sanjay Gandhi and his Youth Congress brigade, Indira Gandhi did end it and call for elections.Finely argued, incisive and original, this book offers significant insight into those turbulent years and joins the ever-relevant debate on the acceptable limits of popular protest in a democracy.

    But recent events remind us of the cracks that have formed: the quality of individuals apart, even the institutional arrangements that had been put in place to preserve the purity and independence of the institution—the collegium, conventions governing the way cases are to be assigned among judges—have frayed. These cracks provide a dangerous opportunity to political rulers to suborn this institution also.Through actual cases and judgments—of subordinate courts, High Courts, the Supreme Court—Arun Shourie enables us to see how frail and vulnerable this ‘last pillar standing’ has become.A judge who by a brazen manipulation of facts lets a prominent politician off … Events and a judgment that let the convicted choose the prosecutor who is to conduct the case against them … Courts that turn a blind eye to life-and-death reforms even as they preoccupy themselves with trivia … Courts that deliver ringing judgments and then do not care to look if their directions are being implemented … Courts that disregard their own judgments on penalizing persons for perjury, for dragging out cases … Courts that do not think through the consequences, even the predictable consequences of their judgments … Judges who prevaricate, who look the other way when some of their own fraternity come under a cloud … A judge who is manifestly unbalanced, judges whose knowledge of the most elementary facts of science is laughable, a judge whose prose even the Supreme Court is unable to comprehend—all of them continue to hand down rulings that affect the fortunes and lives of thousands … Judges who disregard well-settled principles to such an extent that their colleagues are compelled to make their grave misgivings public…And the non-bailable warrants that are issued for the arrest of Anita, Arun Shourie’s ailing wife, for evading summons that were never served, summons that were ostensibly issued for their having built a house that was never built, on a plot they did not own…Through the meticulous examination that is a hallmark of his writing, Arun Shourie leads us through judgments and instances-some hilarious, so many infuriating-and points to things that each of us-judges, lawyers, laypersons like us-can do to retrieve this most vital of institutions.

    Passed in June 1951 in the face of tremendous opposition within and outside Parliament, the subject of some of independent India's fiercest parliamentary debates, the First Amendment drastically curbed freedom of speech; enabled caste-based reservation by restricting freedom against discrimination; circumscribed the right to property and validated abolition of the zamindari system; and fashioned a special schedule of unconstitutional laws immune to judicial challenge.Enacted months before India's inaugural election, the amendment represents the most profound changes that the Constitution has ever seen. Faced with an expansively liberal Constitution that stood in the way of nearly every major socio-economic plan in the Congress party's manifesto, a judiciary vigorously upholding civil liberties, and a press fiercely resisting his attempt to control public discourse, Prime Minister Jawaharlal Nehru reasserted executive supremacy, creating the constitutional architecture for repression and coercion.What extraordinary set of events led the prime minister—who had championed the Constitution when it was passed in 1950 after three years of deliberation—to radically amend it after a mere sixteen days of debate in 1951?Drawing on parliamentary debates, press reports, judicial pronouncements, official correspondence and existing scholarship, Sixteen Stormy Days challenges conventional wisdom on iconic figures such as Jawaharlal Nehru, B.R. Ambedkar, Rajendra Prasad, Sardar Patel and Shyama Prasad Mookerji, and lays bare the vast gulf between the liberal promise of India's Constitution and the authoritarian impulses of her first government.

    Written in a lively, riveting style, this book has a cast of characters that includes the who’s who of the Indian legal system. It also paints an unexpected picture of the Indian judiciary: the Courts are not always on the right side of history or justice, and they don’t always have the last word on the matters before them. This entertaining book is an incisive look into the functioning of Indian institutions.

    This book examines the extraordinary contribution of Sardar Patel,from his unflinching support to Gandhi's satyagrahas and the Indian freedom struggle,to his farsighted and courageous approach in a strong,integrated India

    Drawing upon the previously unexplored records of the Supreme Court of India, A People's Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes--all despised minorities--shaped the constitutional culture.The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state's own procedures. De examines four important cases that set legal precedents: a Parsi journalist's contestation of new alcohol prohibition laws, Marwari petty traders' challenge to the system of commodity control, Muslim butchers' petition against cow protection laws, and sex workers' battle to protect their right to practice prostitution.Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People's Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

    citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger.Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither war nor crime--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory.One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate.OXFORD'S NEW INALIENABLE RIGHTS SERIESThis is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.

    It examines Thackeray the person and his intriguing political personality, his party’s militaristic methods of operation, its controversial role at major junctures, the fight between Thackeray’s nephew Raj and son Uddhav, the end of an era in Maharashtra politics after his death in November 2012 and the future of the Shiv Sena without his imposing presence. A must-read for an understanding of contemporary Indian politics and the rise of the Hindu nationalist phenomenon.

    Palkhivala's mordant wit runs like a silver thread through the book, making it compelling reading..