Overview

The severe setback to India's polity during the period 2018–21 is distinct and unprecedented. It is inaccurate and erroneous to describe this phase as one of an informal Emergency. These four years, in continuation with the political shift that occurred with Narendra Modi election in 2014, shows the country's transformation. This change, if not checked, can lead to annihilation of the very idea of India. To fight the existing despotism, one needs to understand its characteristics politically, economically, socially and constitutionally. One way of doing this, is to reflect on the contemporary issues and developments in the legal realm which are closely associated with the political transition. This book is an attempt to explore the process of 'deconstitutionalization' by looking at certain contemporary topics. The chapters, cumulatively, make out a case for cautious political optimism in the face of challenges. A great democracy, even with all its limits, is not to be surrendered to plutocracy underlined by bigotry.

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9788195055982

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Kaleeswaram Raj is a lawyer in the Supreme Court of India. He was the lead counsel for the petitioner in Joseph Shine v. Union of India (2018), the case that decriminalized the offence of adultery in India. Raj has been an active litigation lawyer in the fields of civil, criminal and constitutional law. He has earlier authored The Spirit of Law (2012) and Rethinking Judicial Reforms (2017).

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