"...an intellectually stimulating volume in honour of Mr H.M. Seervai and Mr N.A. Palkhivala. This volume is indeed worth reading..."
Hon'ble Mr. Justice K. G. Balakrishnan Chairperson, National Human Rights Commission (Former Chief Justice of India)
This immensely ambitious work extensively examines the judgments delivered in the landmark Kesavananda Bharati case - an extremely significant case in the constitutional history of India that led to the laying down of "basic structure" doctrine which limits the amending power of parliament.
The book undertakes para by para analysis of each opinion in Kesavananda Bharati's case. All the philosophical as well as realistic questions that have arisen in relation to the "basic structure" doctrine have been discussed. Views of the judges in the case have been compared and contrasted and interesting and paradoxical conclusion drawn in their reasoning. The change of positions of the judges in the subsequent decisions has also been highlighted.
The book also contains thought provoking papers by invited lawyers, jurists and academicians covering range of issues touching “basic structure” doctrine. Articles devoted to the legacy of Mr Seervai and Mr Palkhivala have also been included.
This legal classic will certainly be one of the most prized collections for any library.
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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
Remembmbering Mr Seervai and Mr Palkhivala 13. This was a man! Behram A. Palkhivala (Advocate) 14. A son remembers his father Navroz H. Seervai
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