Politicel question and article 356
Material type:
- 8170490839
- 342.0684 RAT
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Political Question is a delicate subject to deal with. There is a thinner line which is drawn between the Political wisdom of Judiciary and Executive. If that line is distorted either there is anarchy or there is duplicity of functions. The book explains the delicacy involved between Judiciary and the executive/legislature. Dr. Ambedkar in his constitutional Assembly Debate, mentioned that the emergency power needed to be resorted to at a rarest opportunity of a rarest contigency. There are different opinions on the need and neccestity of emergency powers in the constitution. There are criticism against the abuse of emergency powers and there are sufficient justifications explaining political compulsions.
This book does not get in-to these controversies. But, it remains only as a spectator for understanding the issues and suggesting solutions. Various judicial decisions are quoted to explain the meaning and purpose of political question in the Indian Constitution. While examining these decisions and provisions there has been sufficient caution and concern so that the main aim of the book is not deviated.
In India, this may be the first book to deal with such consitutional effect and it has given sufficient options to exercise preference to follow and implement for future. World constitutions are analysed empirically, so as to bring out the essence of constitutionalism, in the political question. A comparative study of emergency provisions is carried out, in order to bring out a comprehensive picture of political question in the world constitutionalism with special reference to `Indian Constitution'.
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