Supreme But Not Infallible (Essays in Honour of the Supreme Court of India)

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Description
Coinciding as they did with the beginning of a new century, the golden jubilee celebrations of the Supreme Court of India provided an opportunity for the Supreme Court to invite both a celebration and a critique of its work. No one was better placed to participate in this celebration and critique than the lawyers and others who had been associated with the Court's work-including those who were present at the inaugural session on 28 January 1950 and continue to contribute towards the development of law. These essays recall some of the events that have gone by, describe the development of public law in the hands of the Supreme Court, and remonstrate when the writers feel that the Court is wrong or has gone astray. Over this span of time, the Court has had 142 judges and witnessed a complex nation transform from 362 million in 1951 to a billion people in the year 2000. The Court has been privileged to witness this transformation and be associated with the many issues that have arisen from day to day. Many a time, the Court has changed its mind
and adapted the law and Constitution to suit India's need. If its work has been appreciated, it has not always escaped criticism. The essays in this volume are concerned with the work of the Court in areas relating to public law and the Constitution. Appreciative in their tone and, often, powerfully unsparing in their criticism, these essays, hopefully, constitute the beginning of a process to evaluate the on-going work of the Court in all areas of its many jurisdictions. It is through such efforts that the Court learns about itself.
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Contents
1.    The Supreme Court and the Struggle for Custody of the Constitution
       - Granville Austin
2.    The Supreme Court: An Overview - Gobind Das
3.    The Supreme Court and the Constitution - Lord Templeman
4.    Fifty Years on - Marc Galanter
5.    The Supreme Court of India and Australian Law - Michael Kirby AC CMG
6.    The Goddess of Justice; The Constitution and the Supreme Court
       - M. Jagannadha Rao
7.    Where Angels Fear to Tread -Lord Cooke of Thorndon
8.    The Supreme Court and the Basic Structure Doctrine - Raju Ramachandran
9.    Emergency Provisions under the Indian Constitution - Gopal Subramanium
10.  Public Interest Litigation: Potential and Problems - Ashok H. Desai
       and S. Muralidhar
11.  The Evolution of Due Process of Law by the Supreme Court - T.R. Andhyarujina
12.  Human Rights: A Worldwide Dialogue - Clair L'Heureux-Dube
13.  The Supreme Court on Human Rights and Social Justice: Changing
       Perspectives - Atul M. Setalvad
14.  The Supreme Court and Group Life: Religious, Freedom, Minority Groups and
       Disadvantaged Communities - Rajeev Dhavan and Pali S. Nariman
15.  Gender Justice and the Supreme Court - Indira Jaising
16.  Detention Without Trial - Ram Jethmalani
17.  Constitution, Courts, and Freedom of the Press and the Media - Soli J. Sorabjee
18.  Justice Between Generations: Environment and Social Justice - Harish Salve
19.  The Supreme Court and the Employee - P.P. Rao
20.  The Supreme Court and Tort Litigation - Anil Divan
21.  The Supreme Court Bench and Bar: Reminiscences of the Formative Years
       - B. Sen
22.  From Kania to Anand and Setalvad to Soli Memories of the Early Days of the
       Supreme Court - R.S. Narula
23.  Landmarks - J.B. Dadachanji
24.  Present at the Creation - Inder Malhotra
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Author Details
B. N. Kirpal is a judge of the Supreme Court of India.
Ashok H. Desai, Gopal Subramanium, Rajeev Dhavan, and Raju Ramchandran are Senior Advocates at the Supreme Court of India.
Contributors
Anil Divan, Ashok H. Desai, Atul M. Setalvad, B. Sen, Justice Claire L'Heureux Dube, Fali S. Nariman, Gobind Das, Gopal Subramanium, Granville Austin, Harish Salve, Inder Malhotra, Indira Jaising, J. B. Dadachanji, Lord Robin Cooke, Lord Templeton, Justice M. Jagannadha Rao, Marc Galanter, Justice Michael Kirby, P. P. Rao, and Rajeev Dhavan
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