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Emergency in Indian Constitution


In stock

ISBN : 817020464x


Author : S. B. Nakada


Pages : 380 pp


Year of Publishing : 1990


Binding : Hardbound


Publisher : Cosmo Publications

The theme is obviously of extraordinary nature and importance as emergency power is both salutary and pernicious. If used properly it is restorative in nature and abused, it is harbinger of autocracy or constitutional dictatorship. This book, the first of its kind, studies the theme in details. The book is divided in eight chapter The first chapter attempts to race the evolution of the concept off emergency and the inclusion of emergency provision in the constitutions of the various countries. Chapter two is devoted to a critical analysis of the deliberations of the Constituent Assembly of India and its various committees on the drafting of the emergency in the area of Union-State relation along with changes through constitutional amendments and constitutional position in several countries have been highlighted in the third Chapter. Chapter IV gives a similar treatment to the fundamental rights. A critical examination of the leading judicial pronouncements on a allegation of violations of fundamental rights by emergency legislation and executive action is the subject matter of Chapter V. Chapter Six deals with a critical study of the unfortunate judgments on personal liberty. The VII Chapter examines the question of judiciary’s power to review the imposition and continuation of emergency by the President of India. The last Chapter deals with the conclusion and suggestions for contracting the misuse or abuse of emergency power. The book would be very useful for students of law, and political science, to practitioners of law and politicians and to readers interested in National political trends.

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