Sujit Choudhry - The Oxford Handbook of the Indian Constitution

THE OXFORD HANDBOOK OF

THE INDIAN CONSTITUTION

THE OXFORD HANDBOOK OF

Edited by

SUJIT CHOUDHRY, MADHAV KHOSLA,

and

PRATAP BHANU MEHTA

Great Clarendon Street, Oxford, OX2 6DP, United Kingdom

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The several contributors 2016

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A CKNOWLEDGEMENTS

O UR greatest debt is to Varun Srikanth for his invaluable contributions to this project. He played a crucial role in research, editing, organisation, and management, performing each task with remarkable enthusiasm. If volumes such as this are endurance tests, they are made possible only by runners like him. We are grateful to the funders who made this project possible, especially the International Development Research Centre (IDRC) whose funding of the Centre for Policy Research (CPR) through the Think Tank Initiative enabled the volume and a four-day writers workshop in New Delhi in July 2014. The authors active and energetic participation throughout the workshop, individually and collectively, helped to make this volume a coherent whole that is greater than the sum of its individual contributions. Samuel Issacharoff served as a commentator throughout the workshop, offering important suggestions on every single paper. We thank him for his remarkable generosity. We are grateful to David Singh Grewal and KP Krishnan for their vital inputs and feedback at the workshop, and to Fali Nariman whose participation at the event helped us appreciate the importance of constitutional advocacy. Staff at CPR, the University of California, Berkeley, School of Law, and the NYU School of Law provided administrative support throughout the duration of this project. We also acknowledge the support of the late KC Sivaramakrishnan, Chairman of CPRs Board, who is also a contributor to this volume. We are sad he did not live to see this project reach completion, but his probing questions on Indian constitutionalism and its impact on government were a great spur to us. Raeesa Vakil went beyond the call of duty in so many respects. Apart from her fine contribution, she was indispensable in helping us to fill gaps in the volume. Her clarity and command of detail was a resource we frequently exploited. For research assistance, we are also grateful to Vasanthi Venkatesh at the University of California, Berkeley, School of Law. We thank Alex Flach, Natasha Flemming, and Nicole Leyland at Oxford University Press for their unwavering belief in and support of this project. We are very grateful to Shyama Warner, whose care and dedication prevented serious errors. Finally, Pratap and Sujit would like to express their profound gratitude to Madhav, whose energy and imagination were central at every stage of this project, and integral to its success.

C ONTENTS

A Sanjeevi Naidu v State of Madras (1970) 1 SCC 443

A Yousuf Rawther v Sowramma AIR 1971 Ker 261

A & B v State Through NCT of Delhi 2010 Cri LJ 669

AB Shorawal v LK Advani AIR 1977 All 426

Abdul Rehman Antulay v RS Nayak (1992) 1 SCC 225

Abdur Rahim v Joseph A Pinto AIR 1951 Hyd 11 (FB)

ABL International v Export Credit Guarantee Corporation of India Ltd (2004) 3 SCC 553

Abraham v Abraham [1863] 9 MIA 199

Acharya Jagdishwaranand Avadhuta v Commissioner of Police (1983) 4 SCC 522

Additional District Magistrate, Jabalpur v Shivakant Shukla (1976) 2 SCC 521

ADM Jabalpur v Shivakant Shukla (1976) 2 SCC 521

Ahmedabad Mill Owners Association v IG Thakore AIR 1967 SC 1091

Ahmedabad Municipal Corporation v Nawab Khan Gulab Khan (1997) 11 SCC 121

Ahmedabad St Xaviers College Society v State of Gujarat (1974) 1 SCC 717

Ahmedabad Urban Development Authority v Sharad Kumar Jayanti Kumar Pasawalla (1992) 3 SCC 285

Ahmedabad Women Action Group (AWAG) v Union of India (1997) 3 SCC 573

Air India v Nargesh Meerza (1981) 4 SCC 335

Air India Statutory Corporation v United Labour Union (1997) 9 SCC 377

AJ Peiris v State of Madras AIR 1954 SC 616

Ajaib Singh v State of Haryana (1992) Supp (2) SCC 338

Ajay Canu v Union of India (1988) 4 SCC 156

Ajay Goswami v Union of India (2007) 1 SCC 143

Ajay Hasia v Khalid Mujib Sehravardi (1981) 1 SCC 722

Ajit Singh Januja v State of Punjab (1996) 2 SCC 715

Ajit Singh (II) v State of Punjab (1999) 7 SCC 209

Ajoy Kumar Banerjee v Union of India (1984) 3 SCC 127

AK Gopalan v State of Madras AIR 1950 SC 27

AK Roy v Union of India (1982) 1 SCC 271

Akadasi Padhan v State of Orissa AIR 1963 SC 1047

Akhil Bharat Goseva Sangh (3) v State of Andhra Pradesh (2006) 4 SCC 162

Akhil Bharatiya Soshit Sangh (Railways) v Union of India (1981) 1 SCC 246

Ajmal Kasab v State of Maharashtra (2012) 9 SCC 1

AL Kalra v Project & Equipment Corp of India Ltd (1984) 3 SCC 316

All Bihar Christian Schools Association v State of Bihar (1988) 1 SCC 206