Democracy and Constitutionalism in India

This book presents a completely reconfigured understanding of the judicial role in Indian constitutional law. The author contends that basic structure review must be recognized as a novel, independent, and distinct form of constitutional review that possesses a sound basis in the constitution itself, and operates independently of other forms of constitutional judicial review. The author shows how basic structure review is different from rights-based judicial review under articles 13, 32,and 226, federal-state competence-based review under articles 245 and 247, and common law administrative law review which has been assimilated into articles 14 and 21-rights t to equality and life and liberty respectively. The author examines whether basic structure review is an appropriate exercise of judicial power or an abuse of it. He goes on to reformulate the contours of constitutional judicial review provided for in the Indian Constitution and works out the justification for this exercise of judicial power and so a new conception of the judicial role. He tries to develop an essential benchmark against which judicial performance may be assessed and the confusions currently inherent in the Indian debate on judicial activism finally eliminated.