The Court and the Constitution of India: Summit and Shallows

This book provides a comprehensive narrative of the working of the Supreme Court of India. It assesses the collective strength and fragility of the Supreme Court as an institution of governance. The author traces the establishment of the Supreme Court of India and studies its role vis-a-vis the Constitution, examining the challenges which the court has had to face in nearly six decades. Covering areas such as rule of law, human rights, personal liberty, secularism, gender justice, rights of minorities, etc., the author analyses the various judgments given by the Supreme Court, highlighting where it has failed or faultered and where its role has been exemplary. He also examines the Indian Judiciary’s relations with the Executive and the Legislature and studies the manner in which the constitution was amended from time to time, critically examining the ‘objective’ and ‘purpose’ of these amendments. The author also critically examines the judgments of the court dealing with the appointment and transfer of judges, arguing that independence of the Judiciary is not a luxury but a constitutional imperative, necessary to sustain and stabilize democracy.