- Title Pages
- Extracts from Reviews
- Dedication
- Acknowledgements
- ‘Gandhi's Talisman’
- Abbreviations
- Introduction
- Prologue
- Part I The Great Constitutional Themes Emerge, 1950–66
- Chapter 1 Settling into Harness
- Chapter 2 Free Speech, Liberty, and Public Order
- Chapter 3 The Social Revolution and the First Amendment
- Chapter 4 The Rights and the Revolution: More Property Amendments
- Chapter 5 The Judiciary: ‘Quite Untouchable’
- Chapter 6 Making and Preserving a Nation
- Part II The Great Constitutional Confrontation: Judicial <i>Versus</i> Parliamentary Supremacy, 1967–73
- Chapter 7 Indira Gandhi: In Context and in Power
- Chapter 8 The Golak Nath Inheritance
- Chapter 9 Two Catalytic Defeats
- Chapter 10 Radical Constitutional Amendments
- Chapter 11 Redeeming the Web: The Kesavananda Bharati Case
- Chapter 12 A ‘Grievous Blow’: The Supersession of Judges
- Part III Democracy Rescued Or the Constitution Subverted?: The Emergency and the Forty-second Amendment, 1975–77
- Chapter 13 26 June 1975
- Chapter 14 Closing the Circle
- Chapter 15 The Judiciary under Pressure
- Chapter 16 Preparing for Constitutional Change
- Chapter 17 The Forty-Second Amendment: Sacrificing Democracy to Power
- Part IV The Janata Interlude: Democracy Restored
- Chapter 18 Indira Gandhi Defeated—janata Forms a Government
- Chapter 19 Restoring Democratic Governance
- Chapter 20 Governing under the Constitution
- Chapter 21 The Punishment that Failed
- Chapter 22 A Government Dies
- Part V Indira Gandhi Returns
- Chapter 23 Ghosts of Governments Past
- Chapter 24 The Constitution Strengthened and Weakened
- Chapter 25 Judicial Reform or Harassment?
- Chapter 26 Turbulence in Federal Relations
- Part VI The Inseparable Twins: National Unity and Integrity and the Machinery of Federal Relations
- Chapter 27 Terminology and Its Perils
- Chapter 28 The Governor's ‘Acutely Controversial’ Role
- Chapter 29 New Delhi's Long Arm
- Chapter 30 Coordinating Mechanisms: How ‘Federal’?
- Part VII Conclusion
- Chapter 31 A Nation's Progress
- Bibliography
- Index
The Constitution Strengthened and Weakened
The Constitution Strengthened and Weakened
- Chapter:
- (p.498) Chapter 24 The Constitution Strengthened and Weakened
- Source:
- Working a Democratic Constitution
- Author(s):
Granville Austin
- Publisher:
- Oxford University Press
The Constitution and the ability of the judiciary to protect it gained and lost ground in the years of Indira Gandhi's return. Scepticism greeted her government's policies affecting the judiciary, national security, and civil liberty, despite that they may have been well intended. The Supreme Court's reaffirmation of the basic structure doctrine in the Minerva Mills case restored the balance between the judiciary and the legislature and definitively gave the Constitution the protection of judicial review. However, during these years, the government's resort to preventive detention and its enactment of other repressive legislation diminished constitutional liberties and the courts' ability to protect them. The Prime Minister had not left all her authoritarian tendencies behind.
Keywords: Minerva Mills, Indian Constitution, Indira Gandhi, judicial review, constitutional liberties
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- Title Pages
- Extracts from Reviews
- Dedication
- Acknowledgements
- ‘Gandhi's Talisman’
- Abbreviations
- Introduction
- Prologue
- Part I The Great Constitutional Themes Emerge, 1950–66
- Chapter 1 Settling into Harness
- Chapter 2 Free Speech, Liberty, and Public Order
- Chapter 3 The Social Revolution and the First Amendment
- Chapter 4 The Rights and the Revolution: More Property Amendments
- Chapter 5 The Judiciary: ‘Quite Untouchable’
- Chapter 6 Making and Preserving a Nation
- Part II The Great Constitutional Confrontation: Judicial <i>Versus</i> Parliamentary Supremacy, 1967–73
- Chapter 7 Indira Gandhi: In Context and in Power
- Chapter 8 The Golak Nath Inheritance
- Chapter 9 Two Catalytic Defeats
- Chapter 10 Radical Constitutional Amendments
- Chapter 11 Redeeming the Web: The Kesavananda Bharati Case
- Chapter 12 A ‘Grievous Blow’: The Supersession of Judges
- Part III Democracy Rescued Or the Constitution Subverted?: The Emergency and the Forty-second Amendment, 1975–77
- Chapter 13 26 June 1975
- Chapter 14 Closing the Circle
- Chapter 15 The Judiciary under Pressure
- Chapter 16 Preparing for Constitutional Change
- Chapter 17 The Forty-Second Amendment: Sacrificing Democracy to Power
- Part IV The Janata Interlude: Democracy Restored
- Chapter 18 Indira Gandhi Defeated—janata Forms a Government
- Chapter 19 Restoring Democratic Governance
- Chapter 20 Governing under the Constitution
- Chapter 21 The Punishment that Failed
- Chapter 22 A Government Dies
- Part V Indira Gandhi Returns
- Chapter 23 Ghosts of Governments Past
- Chapter 24 The Constitution Strengthened and Weakened
- Chapter 25 Judicial Reform or Harassment?
- Chapter 26 Turbulence in Federal Relations
- Part VI The Inseparable Twins: National Unity and Integrity and the Machinery of Federal Relations
- Chapter 27 Terminology and Its Perils
- Chapter 28 The Governor's ‘Acutely Controversial’ Role
- Chapter 29 New Delhi's Long Arm
- Chapter 30 Coordinating Mechanisms: How ‘Federal’?
- Part VII Conclusion
- Chapter 31 A Nation's Progress
- Bibliography
- Index