Constitutionalism and the Rule of Law: In a Theatre of Democracy

Authored by Justice A.K. Sikri, one of our most distinguished Judges, "Constitutionalism and the Rule of Law in a Theatre of Democracy" reflects on his profound experience as a Judge as much as it does on his transformative vision of the Constitution. It is a comprehensive commentary on the jurisprudence underlying the development of the law. The book covers the expansion of the scope of judicial review and the heightened standards of scrutiny devised by courts. The book provides ring-side insights into the jurisprudence of dignity which has led to the expansion of Fundamental Rights. The author gives us an opportunity to analyze the process of social transformation through the interpretation of the law. The book covers various other allied concepts in the law, such as the globalization of judging and the inextricable link between the law, literature, and gender justice.

Extract from the Foreword

This comprehensive book will help readers understand the law in its social context. The book is rich in prose and content. The written word, through his speeches and lectures, enables us to delve into the thoughts of Justice A.K. Sikri and into his own evolution as a sensitive and compassionate Judge. Justice Sikri became, during his tenure on the Supreme Court, one of the foremost practitioners of the art and craft of judging. Reading through these enlightening pages will let the readers form their own views on the "whys" and the "hows" of the art and craft which the author has throughout his judicial career so ably portrayed.

- Dr Dhananjaya Y. Chandrachud
Chief Justice of India

Extract from the Introduction

Justice Sikri will be remembered for long for many qualities of heart and head. Towering among these are his accessibility and humility - the two foremost attributes for doing justice. The opposites - isolation in eminence and decisional arrogance - are inimical to doing constitutional justice. This valuable anthology, in part, explains why the present generation, like the future ones, would hail Justice Sikri as a Judge made for justice.

- Upendra Baxi
Emeritus Professor of Law, University of Warwick, former Vice-Chancellor, University of Delhi

Table of Cases
Introduction

Part A - CONSTITUTIONALISM, RULE OF LAW, AND JUDICIAL REVIEW
1. Role of the Judge in a Democracy
2. Constitutional Democracy: India’s Moments
3. Judicial Review: The Indian Experience
4. Rule of Law: Protecting the Constitution and Democracy in India
5. Judicial Review and the Principle of Proportionality
6. Proportionality: A Balancing Act for Achieving Constitutional Rights

Part B - JUDICIARY, HUMAN RIGHTS, AND DIGNITY
7. Fundamental Duties
8. Judiciary’s Relevance in a Democracy: The Role of Law Schools
9. Social Transformation Through Judicial Process in India
10. Growing Significance of Dignity Jurisprudence in the World of Ascending Human Rights
11. Human Rights of the Disabled: The World in Slow Motion
12. Negotiating Spaces: Gender Justice

Part C - LAW’S CO-RELATIONS IN THE QUEST FOR JUSTICE
13. Mediation: New Dimension of Access to Justice
14. The Power of Mediation
15. Exploring the Relationship Between Conflict and Law
16. The Inexplicable Yet Unavoidable Relationship Between Law and Literature
17. Globalisation of Judging
18. Law and Economics
19. Spirituality and Legal Profession

Part D - TRIBUTE TO MY TEACHERS
20. Professor Upendra Baxi: A Remarkable Intellectual Journey and Works
21. Professor M.P. Singh: An Appreciation
22. Bidding Adieu: My Farewell Speech
Afterword — Justice Rohinton Fali Nariman

Part E - APPENDICES
Mahender Chawla v. Union of India, (2019) 14 Supreme
    Court Cases 615
Indian Hotel & Restaurant Assn. (AHAR) v. State of
    Maharashtra, (2019) 3 Supreme Court Cases 429
K.S. Puttaswamy (Aadhaar-5J.) v. Union of India, (2019) 1
    Supreme Court Cases 1
Common Cause v. Union of India, (2018) 5 Supreme Court
    Cases 1
Jeeja Ghosh v. Union of India, (2016) 7 Supreme Court Cases
    761
National Legal Services Authority v. Union of India,
    (2014) 5 Supreme Court Cases 438: 2014 SCC
    OnLine SC 328

Subject Index