Oxford University Press
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Selected Works of S.P. Sathe offers a hand-picked selection of articles from the vast corpus of Professor Sathe's works, published in Indian and international law journals and books over a period of five decades. This three-volume compendium carries the legacy of this eminent jurist and widely cited Indian legal scholar to present and future generations, and will be a cornerstone of inspiration for lawyers and legal scholars for years to come.
The first volume, Constitutionalism, focuses on the Indian Constitution. The essays in this volume are arranged in four thematic sections and discuss the vistas of the Indian Constitution, its provisions with regard to the right to property, the 'basic structure' principle, and human rights in the Indian context. The articles critically examine vital aspects of the Constitution ranging from an analysis of its role in constructing social justice to an exploration of the difference between Constitution and Constitutionalism. Also covered are the process of legitimation of the Indian Constitution, and the journey of the Indian judiciary from positivism to structuralism in interpreting the provisions of the Constitution.
The second volume, Judicial Power and Processes, focuses on the development of public law and the judicial process in India. The essays in this volume encompass six thematic sections--federalism and centre-state relations; judicial processes; fundamental rights and the judicial process; judicial review; freedom of the press, defamation, and contempt of court; and glimpses of administrative law. The articles astutely analyse the legitimacy of the judicial process and public participation in the same, as well as redefine assumptions about judicial power and its processes.
The third volume, Social Justice and Legal Transformation, focuses on mechanisms for safeguarding social justice in constitutionally secular India. The essays in this work are categorized into ten thematic sections that discuss India as a secular country; the Right to Information; gender, law, and justice; and reservations. The articles also include profiles of legal luminaries and analyses of the legal profession and social change; activist lawyering; legal aid; legal education and research; and police, prison issues, and criminal justice. The wide range of articles in this volume provides profound stimulus to the discourse on public law and social justice.
About the Author
Sathya Narayan is Honorary Director, Institute of Advanced Legal Studies (IALS), ILS Law College, Pune.
Table of Contents:
Volume 1- Constitutionalism Foreword by Upendra Baxi Acknowledgements Introduction by Sathya Narayan I VISTAS OF THE CONSTITUTION 1. Ordinance-making Power of the President of India 2. Supreme Court, Parliament and Constitution 3. The Constitutional Aspect: II 4. Has the Constitution Obstructed Social Justice? 5. Liberalism, Fundamentalism and the Writer: Constitutional Perspectives 6. The Unfinished Agenda: The Constitution at the Crossroads 7. Review of the Constitution: Need to Keep an Open Mind 8. The Indian Constitution: Stability and Change 9. Governors' Dismissal: Constitutional Validity and Propriety 10. People and Law: Towards Legitimation of the Constitution-- A Review 11. Appointment of Judges: The Issues 12. Avoidance of Premature Constitutional Questions by the Supreme Court 13. The Indian Constitution and the Emergency of June 1975 14. Public Corporations and Government Companies as 'State' 15. 'Citizenship' in India: Some Problems Regarding the Determination of 16. Fundamental Rights and Directive Principles of State Policy 17. India: From Positivism to Structuralism II INDIAN CONSTITUTION AND RIGHT TO PROPERTY 18. Right to Private Property: Some Issues 19. Right to Property after the 44th Amendment: Reflections on Prof. P.K. Tripathi's Observations 20. Right to Property and Constitutional Amendment III INDIAN CONSTITUTION AND THE BASIC STRUCTURE DOCTRINE 21. Limitations on Constitutional Amendment: 'Basic Structure' Principle Re-examined 22. Conflict between Parliament and Judiciary: The Basic Structure Doctrine IV HUMAN RIGHTS 23. Human Rights and Natural Law Thought: From the National Movement to the Constitution--An Indian Experience 24. Towards an Effective Human Rights Commission 25. Human Rights in India: The Updated Amnesty International Report 26. Child and Human Rights 27. Paradigm Shift of Human Rights Discourse 28. Human Rights Education: National Perspective 29. Development and Human Rights Index About the Author About the Editor About Indian Law Society Volume 2- Judicial Power and Processes Foreword by Upendra Baxi Acknowledgements Introduction by Sathya Narayan I FEDERALISM: CENTRE-STATE RELATIONS (INCLUDING ARTICLE 370) 1. Centre-State Relations: Sociological and Political Perspectives 2. Towards Co-operative Federalism: Revisioning the Centre-State Relations 3. J&K and Article 370 of the Constitution: Guidelines for Future Federalisation of the Polity 4. Article 370: Constitutional Obligations and Compulsions 5. J&K: Some Constitutional Issues II JUDICIAL PROCESSES 6. Standing to Assert Fundamental Rights of Third Parties: An Analysis of Judicial Policy 7. Limits of the Judicial Process 8. Judicial Process: Creativity and Accountability 9. Judicial Process in Federal India 10. Judicial Power: Scope and Legitimacy 11. The Power of Dissenting Opinions 12. Is the State Bound by Its Own Statute? III FUNDAMENTAL RIGHTS AND THE JUDICIAL PROCESS 13. Amendability of Fundamental Rights: Golak Nath and the Proposed Constitutional Amendment 14. Forty-fourth Constitutional Amendment 15. Supreme Court on Right to Education 16. Education and Constitution: Some Perspectives 17. Enlarging the Fundamental Rights IV JUDICIAL REVIEW 18. Judicial Review in India: Limits and Policy 19. Judicial Review and Politics 20. Supreme Court and NBA 21. Supreme Court, Jayalalitha, and Crisis Management V FREEDOM OF THE PRESS, DEFAMATION, AND CONTEMPT OF COURT 22. Freedom of Speech and Contempt of Court (Discussion Restricted to E.M.S. Namboodiripad v. T.N. Nambiar) 23. Freedom of Speech and Contempt of Court 24. Freedom of the Press and the Basic Structure Doctrine 25. NBA Contempt of Court Case 26. Defamation and Public Advocacy VI GLIMPSES OF ADMINISTRATIVE LAW 27. Constitutional Validity of Delegated Legislation 28. Delegated Legislation in India 29. Administrative Law: New Horizons 30. Public Participation in Judicial Process: New Trends in Law of Locus Standi with Special Reference to Administrative Law 31. Administrative Law and the Poor Index About the Author About the Editor About Indian Law Society Volume 3- Social Justice and Legal Transformation Foreword by Upendra Baxi Acknowledgements Introduction by Sathya Narayan I A SECULAR COUNTRY: THE INDIA OF MY DREAMS 1. Cow Slaughter: The Legal Aspect 2. Secularism and Law 3. Secularism, Law and the Constitution of India 4. India of My Dream--Secularism 5. Religion-Politics of Separation: Some Thoughts on Proposed Legislation 66 6. Badruddin Tyabji and the Indian Pluralism--I 7. Badruddin Tyabji and the Indian Pluralism--II 8. Uniform Civil Code: Implications of Supreme Court Intervention 9. Secularism and the Supreme Court of India 10. Secularism: Law and the Constitution in India with Special Reference to Judicial Activism 11. Secular Uniform Code 12. Was Jinnah Secular? II RIGHT TO INFORMATION 13. Right to Information--For an Accountable and Participatory Governance III GENDER, LAW, AND JUSTICE 14. Legal Services for Women 15. Sexism in Law and Justice 16. Women and Violence 17. Gender, Constitution and the Courts 18. Women, Development and Gender Justice 19. Women and Human Rights 20. From Shah Bano to Daniel Latifi IV SOCIAL JUSTICE AND RESERVATIONS 21. Reservation of Seats in Legislatures for Scheduled Castes and Scheduled Tribes 22. Social Justice through Reservations and the Supreme Court 23. Reservations and the Constitution V PROFILES OF A FEW LEGAL LUMINARIES 24. Chief Justice Gajendragadkar and Industrial Adjudication 25. Jawaharlal Nehru and the Fundamental Rights 26. Tilak's Philosophy of Law 27. Nehru and Federalism: Vision and Prospects 28. Seervai, Legal Positivism and Indian Democracy 29. Palkhivala: As I Knew Him 30. Justice Krishna Iyer's Contribution to Constitutional Law VI THE LEGAL PROFESSION AND SOCIAL CHANGE 31. Legal Profession--Its Contribution to Social Change: A Survey of the Pune City Bar VII ACTIVIST LAWYERING 32. Legal Activism, Social Action and Government Lawlessness 33. Activist Lawyering for Social Justice 34. Judicial Activism for Social Justice 35. Curbs on Public Interest Litigation: UF Government's Evil Designs VIII LEGAL AID 36. Access to Justice: Pattern of Legal Services for Indian Democracy 37. Some Thoughts on the Legal Aid Movement 624 38. Access to Law and Justice IX POLICE, PRISON ISSUES, AND CRIMINAL JUSTICE 39. Electric Shocks to Prisoners 40. Punishment and Criminal Justice 41. Liability of a Police Officer for Custodial Death: A Note X LEGAL EDUCATION/LEGAL RESEARCH 42. Legal Research: Relevance to Social Change and Development 43. Post-Graduate Teaching and Research in Law 44. Access to Legal Education and Legal Profession in India 45. Non-Formal Legal Education 46. Language of the Law 47. Is a National Law School Necessary? Index About the Author About the Editor About Indian Law Society