Judicial Review

Process, Powers, and Problems (Essays in Honour of Upendra Baxi)

Salman Khurshid, Sidharth Luthra, Lokendra Malik, Shruti Bedi

• Publisher: Cambridge University Press
• Year: 2020
• Print ISBN:
  9781108836036
• eBook ISBN:
  9781108883474
• Topic: Law
• Subtopic: Public Law
• Index: Law

In India, judicial review is not a static phenomenon. It has ensured that the Constitution is the supreme law of the land, and in situations when a law impinges on the rights and the liberties of citizens, it can be pruned or made void. This is a collection of scholarly essays demonstrating the different facets of judicial review based on the vast area of comparative constitutional law. Importantly, it honours the body of work of Upendra Baxi, legal scholar and author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India. This volume recognizes his role as an Indian jurist. Various constitutional law experts come together to reflect on his expositions on the role of the apex court, judicial activism, accountability of judiciary, laws on surrogacy and adultery and so on.

Table of contents

• Cover
• Half Title
• Title
• Copyright
• Contents
• Foreword
• Editors’ Note
• Introduction
• 1: The Inadequacy of Judicial Enforcement of Constitutional Rights Provisions to Rectify Economic Inequality, and the Inevitability of the Attempt
• 2: The Interplay of Law and Politics in India
• 3: Beating the Backlog
• 4: Judicial Review
• 5: When ‘Creeping Jurisdiction’ Goes Awry
• 6: Judicial Review and the Democratic Judge
• 7: Judicial Review
• 8: The Baxian Bioscope on Indian Judicial Process
• 9: Judicial Activism, Courts, and Constitutional Revolutions
• 10: Democracy, Constitution, and Judicial Review
• 11: A Minor Jurisprudence of Pathos
• 12: The Need for Reinventing the Supreme Court as a Constitutional Court
• 13: Appointment of ‘Distinguished Jurists’ as Judges in the Supreme Court of India
• 14: Judicial Dissent and Judicial Review
• 15: The Power of Judicial Review
• 16: Judicial Review of Legislations by Tribunals in India
• 17: Criminalization of Membership of Terrorist Organizations in India and the United States of America
• 18: Article 142 of the Indian Constitution
• 19: Sketching the Limits of Article 142 of the Constitution of India
• 20: Constitutional Morality and Judges of the Supreme Court
• About the Contributors
• Index