India's Constitution Origins and Evolution (Constituent Assembly Debates Lok Sabha Debates on Constitutional Amendments and Supreme Court Judgments) (Vol 10)

Articles 352 to 395 & Schudules I to XII
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Description
This concluding volume covers certain areas of seminal importance in the Constitution like Emergency Provisions (Part XVIII comprising Articles 352 to 360); Miscellaneous Provisions (Part XIX comprising of Articles 361 to 367); Amendment of the Constitution (Part XX comprising a single Article viz. Article 368); Temporary, Transitional and Special Provisions (Part XXI of the Constitution which includes temporary provision relating to Jammu & Kashmir and special provisions relating to certain States; continuance in force of existing laws etc; and followed by Part XXII (comprising Short title (Article 393),  Commencement (Article 394) and Article 394A relating to publication of authoritative text in the Hindi language which is further followed by Article 395 dealing with Repeals.' Apart from the Articles contained in the substantive body of the Constitution, there are 12 Schedules. These Schedules are appendages to some Article or the other and the linkage is expressly referred to in parenthesis immediately below each of the headings of the Schedules. While dealing with the related Articles, some of the Schedules have already been touched upon. A reference to such Articles will help in appreciating how the Court has dealt with the subject matter. It can hardly be doubted that the evolutionary process reached its apogee (till date) when the Court in Keshavananda Bharati entrenched the basic structure doctrine to shield the Constitution from being defaced by the Parliament' having recourse to Article 368. Amongst the Schedules, the Seventh Schedule can legitimately claim special treatment having regard to the federal structure of our Constitution, and perhaps its essential concomitant i.e. the distribution of its law making powers between the Union and the States. As such, it has been dealt with by including the debates in relation to some of the entries which are of greater topical interest than the other entries contained in it. We have also included the debates on the Third Schedule (relating to Forms of oaths and affirmations) which will shed some light on what the makers of the Constitution thought about taking oath in the name of "God".
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Table of Contents
Articles 352, 353 & 354
Articles 355, 356 & 357
Article 358
Article 359
Article 360
Article 361
Article 361A
Article 361B
Article 363
Article 363A
Article 364
Article 365
Article 365
Article 366
Article 367
Article 368
Article 369
Article 370
Articles 371 to 371J
Article 372
Article 372A
Article 373
Article 374
Article 375
Article 376
Article 377
Article 378
Article 378A
Article 378A
Article 392
Articles 393 to 395
First Schedule
Second Schedule  
Third Schedule
Fourth Schedule
Fifth and Sixth Schedule
Seventh Schedule
Eighth Schedule
Ninth and Tenth Schedule
Eleventh Schedule
Twelfth Schedule
Appendix I to III
Subject Index
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Author Details
Samarditya Pal, Senior Advocate, Barrister (Inner Temple)
Deepa Kumar Sarkar, Advocate, High Court of Calcutta