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The Theory of Basic Structure
Publisher:
Aakar Books
| Author:
Vijay Kumar
| Language:
English
| Format:
Hardcover
Publisher:
Aakar Books
Author:
Vijay Kumar
Language:
English
Format:
Hardcover
₹595 ₹417
Save: 30%
In stock
Ships within:
7-10 Days
In stock
Book Type |
---|
ISBN:
SKU
9789350028278
Category Law
Category: Law
Page Extent:
203
This book seeks to re-evaluate the theory of basic structure at the theoretical level in the light of spurt of writings on unamendability of the foundational principles of the Constitution in the recent times from the larger canvas of democratic constitutionalism. Therefore, this book is as much an exercise in political theory as in constitutional jurisprudence. After straddling both the domain of case law and theoretical exploration, the book argues that the features of basic structure delineated by the Supreme Court on case to case basis in the last 50 years correspond with the ‘Idea of India.’ The book has privileged the identity grounded in the definition of citizenship in the Constitution by subordinating the identity rooted in ascripted categories. By raising the question whether the doctrine of basic structure has eroded or entrenched the democracy?, the book concludes that overarching values of the Constitution identified by the Supreme Court far from diminishing have strengthened democracy.
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Description
This book seeks to re-evaluate the theory of basic structure at the theoretical level in the light of spurt of writings on unamendability of the foundational principles of the Constitution in the recent times from the larger canvas of democratic constitutionalism. Therefore, this book is as much an exercise in political theory as in constitutional jurisprudence. After straddling both the domain of case law and theoretical exploration, the book argues that the features of basic structure delineated by the Supreme Court on case to case basis in the last 50 years correspond with the ‘Idea of India.’ The book has privileged the identity grounded in the definition of citizenship in the Constitution by subordinating the identity rooted in ascripted categories. By raising the question whether the doctrine of basic structure has eroded or entrenched the democracy?, the book concludes that overarching values of the Constitution identified by the Supreme Court far from diminishing have strengthened democracy.
About Author
Vijay Kumar after doing an MA in Modern History and LL B. from the campus law centre of the Delhi University, the author embarked on his profession towards the end of 1990 and since then has been practising mainly in the Supreme Coirt. The author joined the office of one of the busiest Advocate-on-Records, Shri A.M. Khanwilkar (as Justice Khanwilkar then was). In 2021, the Author was designated as Senior advocate by the Supremet Court. In 2012, the Author wrote his first book writing on constitutional issues, in both mainstream magazines and academic journals for the last thirty years.
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