They Created A Nation is a snippet into the saga of the impregnable 'due process of law' clause, which today is not merely as a legal concept but an idea that resonates with the moment and sentiment of our times. This book, with all humility, seeks to show a mirror to the Supreme Court for the manner in which it has expanded the fundamental rights jurisprudence, evolved the positive tests of fairness and reasonableness in State action, coined the negative tests of arbitrariness, and used judicial review as the sceptre of justice to accentuate its authority in a democracy, that is India.
Key Features:
- Maps the growth and development of the 'due process of law' doctrine
- Underlines the significance of 'due process of law' in the making of Indian constitutional jurisprudence
- Argues why 'due process of law' deserves elevation as part of the basic structure of the Constitution
- Traces India's constitutional history to show how the 'due process clause' was omitted from the constitutional text and yet India?s constitutional jurisprudence revolves largely around substantive due process
- Offers a comparative study with the US Constitution that will evince how Supreme Court of India and the US Supreme Court have evolved different principles
- Useful for students, lawyers, judges, researchers and anyone else interested in the workings of the constitution