75 Years of the Constitution (Supreme Court's role in Promoting Constitutionalism)

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Description
Z Alkins, T Ginsburg, and J Melton in their interesting and enlightening book, The Endurance of National Constitutions' say that the average life span of a written constitution is 19 years; only a handful last longer than 50. The factors which help a constitution endure have been identified by them as the specificity of its provisions, flexibility of the amending process, and inclusiveness. And we may add a robust judicial process. Surrounded by neighbouring countries, which are like deserts where constitutions have come and gone and a constitutional way of life is fanciful, we are in oasis: our Constitution is 75 years young. It represents the best in our past, it a considered response to the needs and aspirations of the present and is provides resilient enough to cope with the problems and requirements of the future.
A constitution mirrors the dreams and expectations of the people. Its interpretation impacts the life of a nation and its people. A study and assessment of some of the important decisions of the Supreme Court, how they have touched the lives of the people, protected individual rights, implemented legal control of government, and fostered a constitutional culture is timely. The great theme in the history of our constitutional law is the concept of law as a check upon public power. That idea has been given practical reality in the decisions of our courts, particularly the Supreme Court. Those decisions are, to paraphrase Justice Holmes, a virtual magic mirror in which we see reflected our whole constitutional development and all that it has meant to the nation. There are indeed many decisions which are commendable and trail-blazing—carrying the law forward, translating constitutional phrases into reality making it more meaningful to the people, enforcing the checks and balances in the constitutional scheme and legal control of government and public authorities. Public law has moved from a culture of authority to a culture of justification. It is startling to imagine what would have been the position if these cases had not come up before the court and not been decided as they were. However, there are also decisions which have not brought glory to the court, some palpably misconceived and calling for a revisit and some which can be described only as a self-inflicted wound and a disservice to itself and the nation. Such judgments are not left out: A sprinkling of them is also included so as to have a holistic picture. On the occasion of the 75th year of our Constitution, it is necessary and proper to examine and take stock of what has been and what should be.
This book is an endeavour in that direction. There are also some introductory chapters on constitutions, constitutional law, constitutionalism, constitutional interpretation, and some critical imperatives for better working of our constitution, among others. And then judgments that have impacted the nation are noted and commented on, wherever necessary. Prof. Bernard Schwartz's, A Book of Legal Lists - The Best and Worst in American Law has been a source of inspiration and guidance. The choice of judgments is, of course, personal as is natural, though some cases choose themselves and would fit into every list.
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Table of Contents
PART A 75 YEARS OF OUR CONSTITUTION
Constitutions, Constitutional Law, and Constitutionalism
Constitutional Law
Some Basic Concepts
Constitution
Constitutional State and Constitutional Government
Constituent Power
Classification of Constitutions
What a Constitution Should Contain?
Legal Authority of a Constitution
Constitutional Morality
How Constitutions Change?
Constitutionalism or Constitutional Culture
The Making of Our Constitution - A Precious Heritage
An Overview of Our Constitution and Its Key Provisions
Critical Imperatives for the Better Working of Our Constitution Court(s) in a Constitutional Democracy
Constitutional Interpretation and Exposition
PART B LANDMARK JUDGEMENTS OF THE SUPREME COURT
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Author Details
V Sudhish Pai, Senior Advocate is a distinguished lawyer and jurist and an acclaimed author specializing in Constitutional Law and Administrative Law, having been at the Bar for over forty years.
He assisted Dr. Durga Das Basu, the world-renowned commentator on constitutional law, in revising his Commentary on the Constitution of India. He is a contributor to the Restatement of Indian Law on Legislative Privileges, a project of the Supreme Court. He was Visiting Chair Professor - Asutosh Mookerjee Chair at the West Bengal National University of Juridical Sciences, Kolkata. He is a resource person at the National Judicial Academy, Bhopal for continuing legal education for judges. His contribution to academics, particularly in the area of critical constitutional analysis, has been substantial and significant. The Supreme Court and the High Courts have quoted from his writings.
Sudhish Pai belongs to the illustrious class in the lineage of great commentators like Basu and Seervai whose works are monumental. Scholars like him are primarily responsible for the part played by reason and theory in the law. His role in that regard has been laudable. Through his work, he has accentuated the true meaning of the Bar as a learned profession. Ranked as a legal philosopher for his profound learning and thinking, his contribution to a healthy and informed discourse on vital public law issues is commendable.