The Case That Shook India - The Verdict That Led to the Emergency

............................................................................................................................
Description
It's been forty years since The Case That Shook India was published. The book has been out of print now for more than thirty-five years and during these years many people have asked me for copies of this book, including lawyers, law students and academics. I have been giving out photocopies of the book to several people and then many suggested that I should get it republished. I am aware that this book has inspired a number of students to study and practise law and hope that it continues to do so.
The Indira Gandhi v. Raj Narain case was important for several reasons. It was the first time in independent India's history that a Prime Minister's election was set aside. It was also the first time that a constitutional amendment was struck down on the basic structure doctrine that had been propounded a couple of years prior, in the Kesavananda Bharati case (1973). It was also the first time that election laws had been retrospectively amended to validate the annulled election of the Prime Minister. The hearing of the case in the Supreme Court of India took place during the Emergency, when fundamental rights had been suspended, press censorship was enforced and therefore there was no public reporting of the case or its hearings. While it was being heard in the Supreme Court, my notes were probably the only ones available as a record of what really transpired during the hearing. I had taken detailed notes of the hearing including the questions asked by the judges and their responses by the counsels, many of which have been reproduced in the book.
............................................................................................................................
Contents
I:    PRELIMINARY COURT PROCEEDINGS
1.    From Electoral Battle to Court Battle
2.    The Petition
3.    The PM in Court
II:    IN THE HIGH COURT
4.    The Petitioner's Opening Arguments
5.    The Attorney-General Defends the Amendment
6.    The PM's Counsel
7.    The Petitioner's Rejoinder
8.    The Verdict
III:    THE REPERCUSSIONS
9.    Rumblings after the Judgment
10.    The Stay Order
11.    Law? What Law?
IV:    VALIDITY OF THE CONSTITUTIONAL AMENDMENT
12.    'It Destroys Democracy'
13.    'PM Can Be above the Law'
14.    'Amendment Is Like a Firman'
15.    Emergency Measure or Tranquillizer?
V:    VALIDITY OF THE ELECTION LAW AMENDMENTS
16.    Rules of the Game Changed Retrospectively
17.    'Rules Not Changed, Merely Clarified'
18.    'Parliament Cannot Interpret the Law'
19.    The Supreme Court Judgment
20.    Epilogue: From Court Battle to Electoral Battle
APPENDICES
1.     Testimony of Yashpal Kapoor
2.     Testimony of Mrs Indira Gandhi
3.     The Supreme Court Reviews the Kesavananda Bharati Case
4.     Review Application against Justice Beg's Judgment
5.     The Representation of People Act, 1951—Part VII, Section 123
6.     The Representation of People (Amendment) Act, 1974—No. 58 of 1974
7.     The Election Laws (Amendment) Act, 1975—No. 40 of 1975
8.     The Constitution (Thirty-ninth) Amendment Act, 1975
Index
............................................................................................................................
Author Details
PRASHANT BHUSHAN is an eminent public interest lawyer in the Supreme Court of India, most known for cases such as 2G and Coal Scam. He is also an activist and a founder member of Swaraj Abhiyan—a campaign organization that focuses on various issues such as the environment, human rights, corruption and good governance. He was a prominent member of the group India Against Corruption (I AC) and worked alongside Anna Hazare for the implementation of the Jan Lokpal Bill (Citizen's Anti-corruption Ombudsman Bill).
............................................................................................................................