Constitutional Law and Constitution Collection - Set of 9 eBooks

Three Lectures:

Justice K.K. Mathew's Three Lectures is a lecture series intended to disseminate knowledge in the realm of public law and to give a critical analysis of the existing law with a view to finding out its relevance and justification.

 This book contains the 1979 Public Law lectures delivered by Justice K.K. Mathew. The lectures were delivered from December 18 to 20 December 1979 at the Cochin University, Department of Law. In the first lecture, Justice Mathew examines how the judiciary can blend its orthodox judicial function with policy-making. In the second, he explains the concept of natu­ral law and the extent to which natural law provides a base for estimating and criticising rules of positive law. In the third lecture, he discusses the controversial terrains like the right to rebellion and the limits of obedience to superior orders.

Making of India's Constitution [Deluxe Edition]:

This legal classic, originally a compilation of three lectures delivered by Justice H.R. Khanna on the making of India’s Constitution has been thoroughly revamped with the objective of presenting a more holistic understanding of Justice Khanna’s contribution to the making of the constitution himself. A must have for all those who strive towards a better understanding of the constitution of India.

T.K. Tope's Constitutional Law of India :

The third edition of this scholarly book 1st printed in 1982 has been thoroughly revised and updated. Considered as the best single volume commentary on the Constitution of India. It highlights fundamental rights, directive principles, and duties under the Constitution in the framework of international human rights law. It contains many innovative ideas, illuminating and thought provoking analysis and gives an insight into the author's views on several sensitive constitutional issues.

Public Interest Litigation: Legal Aid and Lok Adalats :

Public Interest Litigation by Dr. Mamta Rao is greatly admired and read by practitioners and students. The book reflects the concern of the judiciary in protecting and preserving the right of an individual to file a PIL, while at the same time addressing the increasing problem of rampant misuse of PIL. The book also discusses the Legal Services Authorities Act which was enacted with an avowed object of settling the disputes between the parties in an amicable manner. This new edition has been extensively revised and updated by Dr. Mamta Rao.The book incorporates all new developments and judicial decisions in the field of public interest litigation, legal aid and Lok Adalats. The author has taken great pains to explain the dynamics of public interest litigation clearly and succinctly.


Law and (In) Equalities- Contemporary Perspectives:

The Festschrift is in honour of a renowned teacher and scholar, Professor Mahendra Pal Singh. For a man who has established himself as an acclaimed academician, the book contains a set of academic writings from learned authors and friends on the subject of societal inequalities and law. Further, the Festschrift contains memoirs from his students providing an insight into the down-to-earth and humane personality of this great man.
The subject of equality has been close to Professor Singh's heart and is one, among others, on which he has written extensively. The authors honour him and accordingly address issues like substantive equality; inequality faced by the poor, children and women; conflicts and clashes arising out of diverse religious beliefs; the role of the judiciary in society; the role of education in redressing inequalities; and the necessary conditions for the operation of principles of constitutionalism and respect for international law.


Judicial Power and Judicial Review:

The learned author has made an in-depth study of the subject, from its common law origins to a comparison with the concept as available in other leading countries of the world. The concept as interpreted in UK, US, South Africa, France and Germany etc. has been analysed. The procedure and scope of judicial review differs from country to country and State to State, and the author has brought this out very well in this study.

The work is divided into 9 parts and covers :-
The common-law origin of judicial review in the UK and the US.
Models and theories of judicial review.
The organisation and independence of judiciary in different countries of the world.
Judicial review in the UK, US and some other countries of the world.
Judicial review of administrative actions in India.
Judicial review of legislation in India.
Limits of judicial review.
Impact analysis of judicial review.
The changing dimensions of judicial creativity and shifting legitimacy.

Due Process of Law:

The book discusses the interesting and chequered history of “due process of law” from the emphatic denial of “due process” in A.K. Gopalan v. State of Madras to its acceptance in Maneka Gandhi v. Union of India. The author also explains the scope and applicability of the due process doctrine in regard to executive and legislative actions. He identifies its effective application in three spheres of Indian constitutional law: i) articulation of basic structure doctrine; ii) application of arbitrariness test derived from Article 14; and iii) recognition and creation of several unenumerated rights relating to life and personal liberty. The elusive nature of due process as explained by Frankfurter J, has also been analysed.

Basic Structure Constitutionalism- Revisiting Kesavananda Bharati:

This ambitious work is based on the lectures delivered in an event organised by ILS Law College, Pune “Re-arguing Kesavananda Bharati”.

The book examines the opinions delivered in the landmark Kesavananda Bharaticase. The researchers have reviewed each opinion in the Kesavananda Bharaticase, studying the relationship between fundamental rights and directive principles, the distinction between constituent and legislative power, the scope of judicial review, and the nature and scope of Article 368, etc. Articles devoted to the legacy of Mr Seervai and Mr Palkhivala have also been included.

This Collection contains following ebooks:

1. Basic Structure Constitutionalism- Revisiting Kesavananda Bharati by Sanjay S. Jain and Sathya Narayan

SECTION ONE

Critical and Comparative Analysis of Eleven Opinions in Kesavananda Bharati

1. Kesavananda Bharati—A watershed in the evolution of jurisprudence of judicial review in India
     Dr. Sanjay Jain
2. Chief Justice S.M. Sikri
     Dr. Sanjay Jain and Mr Amit Pai
3. Justices J.M. Shelat and A.N. Grover
     Dr. Sanjay Jain and Mr Sharath Chandran
4. Justices K.S. Hegde and A.K. Mukherjea
     Dr. Sanjay Jain and Ayushi Agrawal
5. Justice A.N. Ray
     Dr. Sanjay Jain and Mr Amit Pai
6. Justice P. Jaganmohan Reddy
     Dr. Sanjay Jain and Mr Amit Pai
7. Justice D.G. Palekar
     Dr. Sanjay Jain, Mr Amit Pai and Mr Rohit Saboo
8. Justice H.R. Khanna
     Dr. Sanjay Jain
9. Justice K.K. Mathew
     Dr. Sanjay Jain and Mr Sharath Chandran
10. Justice M.H. Beg
     Dr. Sanjay Jain, Ms Sathya Narayan and Mr Rohit Saboo
11. Justice S.N. Dwivedi
     Dr. Sanjay Jain, Ms Sathya Narayan and Mr Rohit Saboo
12. Justice Y.V. Chandrachud
     Dr. Sanjay Jain and Ms Sathya Narayan
XXII Basic Structure Constitutionalism

SECTION TWO

Remembering Mr Seervai and Mr Palkhivala
13. This was a man!
     Behram A. Palkhivala (Advocate)
14. A son remembers his father
     Navroz H. Seervai

SECTION THREE

Critical Papers
15. The untold story of how "Kesavananda Bharati" and the basic structure doctrine survived an attempt to reverse them by the Supreme Court
     T.R. Andhyarujina
16. Random recollections: Revisiting "Kesavananda Bharati" from a personal perspective
     Anil B. Divan
17. Judicial predilections, leanings and the swing vote
     Sriram Panchu
18. The basic structure doctrine — A 37-year journey
     Arvind P. Datar
19. Precedential value of "Kesavananda Bharati"
     Prof. A. Lakshminath
20. Basic structure and basic human rights
     Dr. R. Venkata Rao
21. India, that is, Bharat
     Dr. S.L. Deshpande
22. The basic structure doctrine debate: South African Explorations
     Dr. Avinash Govindjee and Dr. Rosaan Kruger
23. Reading the principle of gender equality into the basic structure doctrine of the Constitution of India: Critical reflections
     Dr. Sanjay Jain
24. The philosophical foundations of the basic structure doctrine
     Shivprasad Swaminathan
25. Is "Golak Nath" partly correct?
     Amit A. Pai
     Bibliography
     Subject Index

2. Constitutional Miscellany by V.R. Krishna Iyer (Retd. Judge)

• Basic Structure Doctrine and Constitutional Governance
• Totalitarian Treaty Power and Constitutional Control Jurisprudence
• Governor's Reign and President's Rule
• Centre-State Relations
• Inter-State Council (Article 263)
• Indian Law Commission
• No, Mr Speaker
• Nationalism v. Sub-Nationalism: A Creative Case for Dynamic Synthesis
• Electoral Reform in India
• The Human Rights Flag atop Prison Towers: A Radical Judicial Medical Conspiracy to Rescue Man from his Cage
• Adversarial Praxis Vis-A-Vis Social Justice
• Union Carbide's ''Bhoposhima'' and Indian Justice in Somno-Coma
• Constitutionally Inscribed Social Justice and Operationally Opposite Agenda in Practice
• Judiciary A Reform Agenda

3. T.K. Tope's Constitutional Law of India by Justice Sujata V. Manohar (3rd Edition, 2010)

The Preamble 
The Territory of India 
Citizenship
Fundamental Rights 
Right to Equality 
Six Freedoms 
Right to Freedom of Person 
Right to Freedom of Religion 
Cultural and Educational Rights and Rights of Minorities 
Right to Property 
Limitations on Fundamental Rights 
Right to Constitutional Remedies 
Directive Principles of State Policy 
Fundamental Duties and Justiciability 
Public Interest Litigation 
The Union Executive 
Parliament 
Judiciary 
The Supreme Court and the Constitution 
Courts and the Interpretation of the Constitution 
The Comptroller and Auditor General of India 
States–Executive 
States–Legislature 
The High Courts in the States 
Union Territories, Scheduled and Tribal Areas, Panchayats and Municipalities 
Cooperative Federalism 
Borrowings and Succession to Property, Assets, Rights and Obligations 963
Trade, Commerce and Intercourse within the Territory of India 
Emergency Provisions 
Indian Federation and State Autonomy 
Services under the Union and the States 
Administrative Tribunals 
Elections 
Special Provisions Relating to Certain Classes 
Official Language 
Miscellaneous Provisions  
Temporary, Transitional and Special Provisions 
Emergency and its Aftermath  
Is Parliamentary Democracy Suited to India? 
The Schedules 

4. Due Process of Law by Abhinav Chandrachud (2011 Edition, Reprinted 2012)

1.     Introduction 

2.     Meaning of Substantive Due Process

3.     Due Process of Law and the Constituent Assembly of India

4.     The Early Year

5.     The Birth of Procedural Due Process

6.     Substantive Due Process

7.     Conclusion

5. Judicial Power and Judicial Review by Anirudh Prasad (1st Edition, 2012)

PART  

1. Alpha

PART II

2. The Models and Theories of Judicial Review

PART III

3. Organisation and Independence of the Judiciary in the English-speaking World

PART IV

4. Judicial Review in the UK

5. Judicial Review in the US: An Impact Analysis

6. Judicial Review in Some Other Countries of the World

 PART V

7. Judicial Review of Administrative Actions in India

8. Principles of Judicial Review of Administrative Action Public Law Review and Remedy through Judicial Creativity

9.  Mechanism of Judicial Review of Administrative Actions in India

PART VI

10. Bases and Restrictions on Judicial Review

11. Judicial Review of the Constituent-cum-constitute Power

PART VII

12. Limits on Judicial Reviews and Impact of the background Behaviour of Justices

PART VIII

13. Judicial Statesmanship: High Watermark of Judicial Review

14. Judicial Review in Action

15. Different Dimensions of Judicial Review: Impact Analysis of Judicial Review

PART IX

16. Omega

6. Law and (In) Equalities- Contemporary Perspectives by Swati Deva (2010 Edition)

PART I

Affirmative Action

1. THE IDEAL OF EQUALITY AND RESERVATION POLICY: A CRITICAL REVIEW  3

Parmanand Singh

2. THE STATE OF AFFIRMATIVE ACTION AMIDST PRIVATISATION: SOME CRITICAL REFLECTIONS 25

SuryaDeva

PART II

Special Facets of Inequality

3. EQUALITY AND THE CHILD  55

Archana Parashar

4. THE BATTLE AGAINST SEXUAL HARASSMENT: ARE WOMEN STILL THE BEAST OF BURDEN? 73

Charu Sharma

5. POVERTY, THE POOR AND EQUALITY  109

Professor B.B. Pande

PART III

Contentious Aspects of Religion

6. HISTORICAL AND THEORETICAL FOUNDATIONS OF THE RIGHTTO RELIGIOUS FREEDOM IN INDIA 131

O.K. Srivastava

7. OFFENCES AGAINST RELIGION IN PAKISTAN: A REVIEW 159

Dr Martin Lau

8. RELIGIOUS EQUALITY: THE GERMAN PERSPECTIVE AND EUROPEAN EXPERIENCES 187

Helmut Goerlich

PART IV

Changing Character of Judiciary

9. INDIAN CONSTITUTIONALISM AND THE PROVINCE OF JUDICIARY: UNRAVELLING THE EVOLVING CONUNDRUM 219

Parag P. Tripathi

10. APPOINTMENT OF JUDGES IN HIGHER JUDICIARY: THE NEED FOR INDEPENDENT AND REFLECTIVE JUDICIARY

231 Uday Shankar

PART V

Justice Through Education

11. THE RELATIONSHIP BETWEEN JUSTICE AND EDUCATION: EFFECTS ON THE CREATION OF HUMAN CAPITAL IN INDIA

259 Michael von Hauff

12. LEGAL EDUCATION, GLOBALISATION AND INSTITUTIONAL EXCELLENCE: CHALLENGES FOR THE RULE OF LAW AND ACCESS TO JUSTICE IN INDIA

C. RajKumar

PART VI

Role of Constitutionalism and International Law

13. CHIMERA OF CONSTITUTIONALISM: STATE, ECONOMY, AND SOCIETY IN AFRICA 313

Yash Ghai

14. EQUALITY, INTERNATIONAL JUSTICE AND THE LAW 333

Eberhard Schmidt-Assmann

PART VII

Some Student Memoirs

• PROFESSOR MAHENDRA P. SINGH AND THE PASSION FOR EQUALITY 345

AneesAhmed

• SIR: THE BEST MAN I KNOW 353

Kirtee Kapoor

• PROFESSOR M.P. SINGH: MY TEACHER, MY FRIEND 359

Sushma Sharma

SUBJECT INDEX

7. Making of India's Constitution [Deluxe Edition] by H.R. Khanna (2nd Edition 2008, (Reprinted 2015))

1. Making of India's Constitution 
2. Kesavananda Bharati v. State of Kerala (Extracts)
3. Indira Nehru Gandhi v. Raj Narain (Extracts) 
4. ADM, Jabalpur v. Shivakant Shukla (Extracts) 

8. Public Interest Litigation: Legal Aid and Lok Adalats by Mamta Rao (4th Edition, 2015)

1. Introduction

2. Quest for Social Justice

3. New Vista in PIL: Liberalisation of “Locus Standi”

4. Dynamics and Trends of Public Interest Litigation in India

5. Procedural Innovations

6. Limitations and Dilemmas of PIL

7. Law Relating to Legal Aid and Lok Adalats

9. Three Lectures by K.K.Mathew (1st Edition, Reprinted 2012)

Lecture 1

Supreme Court and Policy Decisions 1  

Lecture 2

Natural Law and its Impact on Courts 35  

Lecture 3

Right to Rebellion and Obedience to Superior Orders 63