Working of the Constitution (Checks and Balances)

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Description
In countries with a written constitution and an entrenched Bill of Rights, as we have, government and Parliament have enumerated powers and what obtains is constitutional supremacy and limited government, with judicial review as an incident of this concept. The writings in the book follow this underlying theme, viz., constitutionalism, limited government and control of exercise of all power, also recognising the political realities and the truism that not all situations and problems are amenable to legal rules and solutions. The relationship between the legal and the political process which are intermixed cannot be lost sight of. "Government is man's unending adventure." The nuances of parliamentary democracy are political. As Prof. A.W. Bradley said, "The responsibility of government to Parliament is a political relationship. As such it is not a matter of precise definition and lawyers must resist the temptation to lay down rules for it."
We now have the experience of the working of the Constitution and its interpretation for over six decades. It is spread over different stages. It has seen ups and downs. It is important that constitutional interpretation should not be lexicographic and should not get bogged down by technicalities. One should never forget that it is a Constitution that is being expounded—a Constitution meant to endure for ages, to serve an expanding future and generations unborn. In constitutional matters, it is well settled that the court must not say anything more than is absolutely necessary. Predictability and certainty are required of judicial decisions. What is administered in courts is justice according to law. Genuine desire to do justice in individual cases can have disastrous consequences.
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Contents
Part I - Constitutional Supremacy
1.   The Myth of Sovereignty
Part II - Legislative Power and Judicial Oversight
2.   Some Facts of Parliament's Legislative Power|
3.   Judicial Imprimatur on Parliament's Mythical Power?
4.   Problems and Paradoxes of Some Judgments Re: Parliamentary Privileges
5.   Reforms of Political Parties and the Electronic System
6.   Law Making-Knowability of the Law-Ignorance of Law-When an Excuse
Part III Judicial Power
7.   Human Rights, Common Law and Judiciary
8.   Is the Writ Jurisdiction Rendered Nugatory?
9.   Is Wednesbury on the Terminal Decline?
10.  Public Interest Litigation and Judicial Activism in India
11.  Environment Law and Role of Civil Courts
12.  The Ninth Schedule Judgment - A Critique
13.  Anomalies in Some Recent Judgments - An Appraisal
Part IV - Executive Power
14.  Preserving The Primacy of the Prime Minister - A Case for Reform in India
15.  Delay in Bringing Laws into Force - Assent and Justiciability thereof
16.  Is the River Rising Higher than the Source?
17. The Power of Eminent Domain and the New Legislation on Land Acquisition-Some Reflections
Part V - Fourth Estate: Media Power
18.  Trial by Media
Subject Index
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Author Details
V. Sudhish Pai
Started the general practice of law more than a quarter of a century ago.
Joined the chambers of late Shri S.G. Sundaraswamy, renowned Senior Advocate and former Advocate
General, Karnataka- Was closely associated with and assisted him for many years in several important cases especially in the field of Public Law.
Practice in various branches of law- mainly in Civil Law, Constitutional Law and Administrative Law matters.
Apart from private clientele, has appeared for and advised various institutions- Banks, Companies, Public Sector Undertakings, Statutory Boards & Corporations & Universities.
Government Advocate, High Court of Karnataka, Bangalore- 1999-2006. Handled important and sensitive litigation on behalf of the State of Karnataka in the High Court & the Supreme Court.
Member- Indian Law Institute, New Delhi, Karnataka (India) Section of the International Commission of Jurists
Participated in several seminars and presented papers and authored articles on different subjects.
Assisted Dr. Durga Das Basu, the world renowned commentator on Constitutional Law in the revision of his Commentary on the Constitution- 1993-1997.
Has been a Resource Person at the National Judicial Academy, Bhopal for continuing legal education for Judges. Contributor to the Restatement of Indian Law. Senior Research Scholar-Law Commission of Karnataka.
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