Working a Democratic Constitution: A History of the Indian Experience

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Item Code: IDG904
Author: Granville Austin
Publisher: Oxford India Paperbacks
Edition: 2006
ISBN: 0195656105
Pages: 771
Cover: Paperback
Other Details 8.5" X 5.5"
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Shipped to 153 countries
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More than 1M+ customers worldwide
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100% Made in India
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Book Description
From the Back of the Book

This important book offers critical insights into four decades of the Indian Constitution. It charts the course of constitutional reform in India from the euphoric idealism of the post-independence period, through the crisis years of emergency, and up to Rajiv Gandhi's brief stay in power. The book analyses the ways in which various legal and political issues, thrown up by vicissitudes of democracy have affected the making of the Indian constitution.

Written with clarity and elegance it is an indispensable work for scholars and students of law, modern history, politics and general readers interested in the course of India's constitutional development.

About the Author

Granville Austin is an independent historian and a leading authority on the Indian Constitution.

'This Classical work of Granville Austin is a must for every judge, lawyer, historian, researcher, and other persons interested in the constitutional history of India.'

Soli J. Sorabjee, Attorney General of India

'Superbly written with a buoyant empathy…. The author unfolds the triumphs and strains of working a truly democratic Constitution. ….the gripping narrative tempts the reader on from one chapter to the next. It is a truly inspiring work.'

Fali Nariman, Senior Advocate, Supreme Court of India

'It is monumental work based on a decade of painstaking research…. It is must reading for those who are interested in finding out how democracy can and does function in a large, poor and highly diversified country.'

P.N. Dhar, Emeritus Professor, Institute of Economic Growth, New Delhi.

Abbreviations xix
Introduction 1
Prologue 4
Part I The Great constitutional Themes Emerge, 1950-66 11
1 Settling into Harness 13
2 Free Speech, Liberty and Public Order 38
3 The Social Revolution and the First Amendment 69
4 The Rights and the Revolution: More Property amendments 99
5 The Judiciary: Quite Untouchable 123
6 Making and Preserving a Nation 143
Part II The Great Constitutional Confrontation: Judicial versus Parliamentary Supermacy, 1967-73 171
7 Indira Gandhi: In Context and in Power 173
8 The Golak Nath Inheritance 196
9 Two Catalytic Defeats 209
10 Radical Constitutional Amendments 234
11 Redeeming the Web: The Kesavananda Bharati Case 258
12 A Grievous Blow: The Supersession of Judges 278
Part III Democracy Rescued or the Constitution Subverted? The Emergency and the 42 Amendment, 1975-7 293
13 26 June 1975 295
14 Closing the Circle 314
15 The Judiciary under Pressure 328
16 Preparing for Constitutional Change 348
17 The 42 Amendment: Sacrificing Democracy to Power 370
Part IV The Janata Interlude: Democracy Restored 391
18 Indira Gandhi Defeated Janata Forms a Government 393
19 Restoring Democratic Governance 409
20 Governing Under the Constitution 431
21 The Punishment that Failed 453
22 A Government Dies 466
Part V Indira Gandhi Returns 483
23 Ghosts of Governments Past 485
24 The Constitution strengthened and Weakened 498
25 Judicial Reform or Harassment? 516
26 Turbulence in Federal Relations 534
Part VI The Inseparable Twins: National Unity and Integrity and the Machinery of Federal Relations 553
27 Terminology and its Perils 555
28 The Governor's Acutely Controversial Role 574
29 New Delhi's Long Arm 594
30 Coordinating Mechanisms: How Federal? 614
Part VII Conclusion 631
31 A Nation's Progress 633
Bibliography 670
Index 699
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