The Indian Supreme Court and politics
by Baxi, Upendra
Published by : Eastern Book Co.Item type | Current location | Call number | Status | Notes | Date due | Barcode |
---|---|---|---|---|---|---|
Books | 345.407 35 BAX (B) (Browse shelf) | Available | SOFTCOPY AVAILABLE | ALFBK913 |
CONTENTS
LECTURE 1
THE SUPREME COURT AND POLITICS
Chief justice mahajan and the daring od constitutional interpretation 1
Critics and judges: The need to move from criticism to critique 5
The court as a centre of power and its vulnerability 10
The court is kept busy by the state 13
Independence of judiciary forbids innovation in the structure of the supreme court 14
The court's role in oppositional politics 16
Epilogue: A plea for politics 26
LECTURE II
THE TWILIGHT OF LEGITIMACY: THE SUPREME COURT AND THE EMERGENCY
The three phases of the emergency 31
The supreme court in agony 34
The besieged justices 41
The prime minister's election case: Whether to stay or not to stay is the question 46
Retroactivity and free and fair elections 66
Kesavananda in the ?AIR?: Self-created judicial vicissitudes 70
The enexpected and the anacceptable: A slur on the supreme court 76
The grandiose and minimal strategies of argument in Shiv Kant 79
Bhanudas: The last nail in the coffin on personal liberty 116
LECTURE III
THE POST-EMERGENCY SUPREME COURT: A POPULISTIC QUEST FOR LEGITIMATION
The resource supreme court: Promises and perils 121
The dissolution case: The supreme court at the bar of politics 127
Commissions of enquiry: Political warfare and judicial role models 136
When is the same matter not quite the same? 141
Political realities and judicial priocess 146
On how to avoid legicide of civil liberties: The message pf Maneka 151
The birthpangs of due process: The meaning of Maneka 157
The right to property and the post emergency supreme court 167
The court as a corrector of emergency excesses 173
Mustard oil in the ninth schedule: Oil over troubled waters 178
The crisis of credibility and politics of hate 188
On the transfer of judges 198
The saga of special curts 209
The non-violent ghost: Hegemony alias harmony 213
The hierarchic notion of independence of judiciary 218
The successor trial: politics of special courts 224
The post-emergency supreme court and prison justice 233
CONCLUSION
THE SEARECH FOR LEGITIMATION: POPULISM AND THE COURT 246
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