This book is a fascinating account of the debates on some of the key Constitutional issues in India that engaged or failed to engage the attention of the popular media in the recent years. Together, these issues have a bearing on the past, present and future of India’s democratic experiment, which we can ignore only to our peril. Conveniently divided into four parts, namely, powers and limitations of Parliament and the Executive, federal tensions, the scope and limits of judicial activism, and the role of the Election Commission in ensuring free and fair elections, the book offers fresh perspectives on some of the recent Constitutional questions that confronted our institutions, and the Constitutional functionaries. The book adopts a unique approach to unravel Indian democracy and Constitutional experiment by seeking to unearth hitherto undisclosed facts under the Right to Information Act. The questions posed to, and the answers obtained from the authorities, which constitute as many as 25 annexures to the book, are a huge contribution to the public discourse. The author’s unique skills earned during his long journalistic career, combined with his legal acumen and scholarship help him to throw fresh light on some of the complex Constitutional questions, and make them comprehensible to the average reader. The author successfully separates facts from the factoids of some of the current legal controversies.

The book is published under the series, 'Cross Currents: Law & More', aimed to document the concerns of our times and to contribute to the contemporary public debate.


Table of Contents:
"Part I Parliament and Executive: Issues in Powers and Limitations 1 Premature dissolution and the law 7 2 Article 111 and President Abdul Kalam 17 3 Expulsion as a punishment: Lessons from Raja Ram Pal 30 4 Minority Governments 41 5 Flaws in the process of removal of a Judge by Parliament 48 6 Did the Speaker suffer disqualification? 66 7 One step forward, two steps backward 75 8 President’s Pardon 90 9 India and Mass Crimes 101 Part II Unresolved Federal Tensions 10 Rameshwar Prasad and the missed opportunity 109 11 CBI and the Federal Question 122 12 The Debate on Forest Diversion 135 13 State Legislations for President’s consideration 155 Part III Restraint, Activism, and Overreach: Limits to Governance by Judiciary 14 Labour Jurisprudence 172 15 Making Policing Humane 184 16 Freedom of Expression 204 17 Appointment and Accountability 227 18 Contempt of Court 240 19 Restraint, Activism, and Overreach—Some Defining Issues 267 20 Activism and Overreach: Boundaries and Breaches 278 21 Forest Rights Act 290 22 Debating Reservations 304 23 Right to Information Act—Challenges and Opportunities 323 Part IV Election Commission’s Autonomy: Perceptions and Practice 24. Election Commission and Model Code of Conduct 357 Afterword 365 Annexures 1. Reply (dated 28.1.2009) from Ministry of Urban Development regarding non-notification of Delhi Rent, Act, 1995 375 2. Reply (dated 20.1.2009) from Ministry of Labour and Employment regarding non-enforcement of certain provisions of Industrial Disputes (Amendment) Act, 1982 376 3. Reply (dated 24.2.2009) from Department of Legal Affairs (Implementation Cell), Ministry of Law and Justice regarding non-enforcement of section 30 of the Advocates Act 378 4. Reply (dated 30.8.2010) from Department of Legal Affairs (Implementation Cell), Ministry of Law and Justice, regarding non-notification of section 3 of the Constitution (44th Amendment) Act, 1978 380"