Basic Structure Constitutionalism- Revisiting Kesavananda Bharati by Sanjay S. Jain and Sathya Narayan – Edition 2011

Mr N.A. Palkhivala. This volume is indeed worth reading…”

Hon’ble Mr. Justice K. G. Balakrishnan
Chairperson, National Human Rights Commission
(Former Chief Justice of India)

This immensely ambitious work extensively examines the judgments delivered in the landmark Kesavananda Bharati case – an extremely significant case in the constitutional history of India that led to the laying down of “basic structure” doctrine which limits the amending power of parliament.

The book undertakes para by para analysis of each opinion in Kesavananda Bharati’s case. All the philosophical as well as realistic questions that have arisen in relation to the “basic structure” doctrine have been discussed. Views of the judges in the case have been compared and contrasted and interesting and paradoxical conclusion drawn in their reasoning. The change of positions of the judges in the subsequent decisions has also been highlighted.

The book also contains thought provoking papers by invited lawyers, jurists and academicians covering range of issues touching ?basic structure? doctrine. Articles devoted to the legacy of Mr Seervai and Mr Palkhivala have also been included.

This legal classic will certainly be one of the most prized collections for any library.

SECTION ONE

Critical and Comparative Analysis of Eleven Opinions in Kesavananda Bharati
1. Kesavananda Bharati—A watershed in the evolution of jurisprudence of judicial review in India
Dr. Sanjay Jain
2. Chief Justice S.M. Sikri
Dr. Sanjay Jain and Mr Amit Pai
3. Justices J.M. Shelat and A.N. Grover
Dr. Sanjay Jain and Mr Sharath Chandran
4. Justices K.S. Hegde and A.K. Mukherjea
Dr. Sanjay Jain and Ayushi Agrawal
5. Justice A.N. Ray
Dr. Sanjay Jain and Mr Amit Pai
6. Justice P. Jaganmohan Reddy
Dr. Sanjay Jain and Mr Amit Pai
7. Justice D.G. Palekar
Dr. Sanjay Jain, Mr Amit Pai and Mr Rohit Saboo
8. Justice H.R. Khanna
Dr. Sanjay Jain
9. Justice K.K. Mathew
Dr. Sanjay Jain and Mr Sharath Chandran
10. Justice M.H. Beg
Dr. Sanjay Jain, Ms Sathya Narayan and Mr Rohit Saboo
11. Justice S.N. Dwivedi
Dr. Sanjay Jain, Ms Sathya Narayan and Mr Rohit Saboo
12. Justice Y.V. Chandrachud
Dr. Sanjay Jain and Ms Sathya Narayan
XXII Basic Structure Constitutionalism

SECTION TWO

Remembmbering Mr Seervai and Mr Palkhivala
13. This was a man!
Behram A. Palkhivala (Advocate)
14. A son remembers his father
Navroz H. Seervai

SECTION THREE

Critical Papers
15. The untold story of how “Kesavananda Bharati” and the basic structure doctrine survived an attempt to reverse them by the Supreme Court
T.R. Andhyarujina
16. Random recollections: Revisiting “Kesavananda Bharati” from a personal perspective
Anil B. Divan
17. Judicial predilections, leanings and the swing vote
Sriram Panchu
18. The basic structure doctrine — A 37-year journey
Arvind P. Datar
19. Precedential value of “Kesavananda Bharati”
Prof. A. Lakshminath
20. Basic structure and basic human rights
Dr. R. Venkata Rao
21. India, that is, Bharat
Dr. S.L. Deshpande
22. The basic structure doctrine debate: South African Explorations
Dr. Avinash Govindjee and Dr. Rosaan Kruger
23. Reading the principle of gender equality into the basic structure doctrine of the Constitution of India: Critical reflections
Dr. Sanjay Jain
24. The philosophical foundations of the basic structure doctrine
Shivprasad Swaminathan
25. Is “Golak Nath” partly correct?