Justice for the Nation (Reflections on 75 Years of the Supreme Court of India)

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Description
As the Supreme Court of India marks 75 years since its establishment, this volume of collected essays brings together contributions from judges of the Court, notable practitioners, and eminent jurists. The publication is a reflection on the Court's jurisprudence and impact across diverse domains of constitutional and social life in India. It offers a critical analysis of key themes and trends in the jurisprudence of the Court over the past seven and a half decades. The essays, in addition, look ahead to emerging chal- lenges and opportunities.
A central thread running through many of the contributions is the Court's role in shaping and upholding India's constitutional val- ues. The contributors capture the immense impact the Supreme Court has had on the nation's identity and trajectory. The essays by Justice B. N. Srikrishna and Justice R. V. Raveendran accurately frame the Court as a sentinel of constitutionalism, highlighting landmark judg- ments which have reinforced principles such as equality, accountability, and dignity. Justice A. K. Sikri brings focus on how the Supreme Court has filled constitutional silences with substantive decisions grounded in the moral values of the Constitution and the evolving will of the people. These themes are echoed in subsequent chapters. Fali S. Nariman forwarded his brilliant exposition of the values of the Preamble just before he left us. K. K. Venugopal and Ankur Talwar have examined the foundation and impact of the basic structure doctrine. The Attorney General for India R. Venkataramani expounds on how the Court's contributions to consti- tutional governance are facilitated by lawyers who place principle over power.
The volume provides insights into the Court's institutional evolution and changing relationship with other branches of government. Essays on judicial review by Justice M. N. Venkatachaliah and Darius J. Khambata
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Table of Contents
1. Judicial Review under the Constitution
2. Balancing Faith in the Public Sphere: Secularism and the Indian Constitution
3. Role of Constitutional Courts
4. Speaking the Silences: Dark Matter of the Indian
Constitution
5. Values of the Preamble
6. Constitutional Amendments and Basic Structure
7. Supreme Court Advocacy
8. Reasonableness, Proportionality, Justification - Limits to Constitutional Judicial Review
9. Federalism and the Supreme Court of India
10. Freedom of Conscience under the Constitution
11. A Line in the Sand - Is a Unified Standard of Judicial Review
Attainable or Desirable?
12. The Supreme Court's Role in the Evolution of
Indian Arbitration
13. The Death Penalty and the Supreme Court: An Endless Search for a Principled Punishment
14. Free Speech under the Constitution of India
15. Ensuring Responsible Progress: The Arc of the Supreme Court's Jurisprudence on Technology
16. Juvenile Justice.
17. Gender and Constitutional Justice
18. Constitutional Approach to Equality through Reservations
19. Environmental Rule of Law
20. The Disability Weave of the Indian Supreme Court
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Author Details
Anurag Bhaskar
Vasudev Devadasan