This Book Is An Examination Of Judicial Review And Its Role In Democracy, With Special Reference To India.

Professor Sathe examines judicial review and its role in democracy in this monograph. The author has added a new introduction of 49 pages to the paperback edition wherein he has comprehensively covered the recent developments in the area. Judicial activism, argues Prof. Sathe, is inherent injudicial review. It is through judical activism that the constitutional court to an activist one has been as ongoing process. Sathe tackles the question of the court's accountability, and the role and the concept of the social accountability of courts. The book is an important contribution to thedebate on the role of courts and the ramifications thereof. The coverage is not only legal, but also historical, political, and philosophical. The new, updated introduction covers all the important judicial pronouncements in recent times which highlight the fact that the Supreme Court of India has continued to play the role of a positivist court. Important decisions have been critically analysed by Prof. Sathe on issues of Secularism, TheMajority's Right Equal to the Minority Right, Right to Establish Educational Institutions included in Right to Trade and Business, Right of Religious Denominations to Establish Religious and Charitable Institutions, Right ot Education, New Economic Policy of Disinvestment, Parliament and the SupremeCourt- Conflicting Claims of Supremacy, and other related issues like Can Parliament Change the Law Laid Down by the Supreme Court? This updated edition makes this volume the most comprehensive and updated book on judicial activism. This book has been cited by Justice Laboti in P. Ramchandra Raoversus the State of Karnataka (2002).

"Since the day the Constitution of India came into force, Judicial Activism has existed in different forms under the Constitution. Judicial Activism initiated by the higher judiciary in India has started serious debates on the Court’s undefined power to place substantive as well as procedural limits on the executive as well as the legislature. The Court’s new role to make law and give directions has been criticised as the usurpation of powers that belong to the other two organs. The Court has been defending its new role to uphold the constitutional values of protecting the human rights of the people thereby upholding the principle of Rule of Law. Through this book, Dr. Deka Swapna Manindranath analyses the legitimacy of Judicial Activism in India as well as the intrusions made by the judiciary in the name of Judicial Activism. The author argues that Judicial Activism under the Constitution has been inevitable in view of the socio-economic and political conditions of the nation as well as due to the laxity of performance on the part of the other two organs. This book will be of interest to the research scholars and students of Indian Constitutional law and Political Science, judges, lawyers and general readers interested in knowing about the phenomenon of Judicial Activism in India."