![]() Vikas Tripathi By V. Venkatesan Lexis Nexis, Gurgaon, 2014, pp. xxix 419, Rs. 495.00 VOLUME XXXIX NUMBER 5 May 2015 Ideas and practices
associated with India’s living document, the Constitution of India have
remained central to the political imagination and assessment of democracy in
contemporary India. Recent writings on ideas, institutions and processes in Indian
politics have attempted to foreground the language of democracy in
deliberations involved in the making of India’s Constitution. This has helped
to understand both the uniqueness as well as limitations characterizing the
success of India’s democracy. A revisit to studies in issues and challenges facing
the actual working of the Constitution poses a paradox that defines the
political moment during the 90s and beyond. On the one hand, crisis facing
ideas and practices in the actual working of the Constitution could find a
momentary resolution through the assertion of extra-parliamentary institutions
like the Judiciary and the Election Commission. On the other hand, this
phenomenon disturbs the constitutional basis of separation of power and further
holds the potential to weaken the principles of constitutionalism. In part the
crisis owes to the nature and magnitude of political change witnessed during
the 90s and beyond; however a deeper understanding of politics brings
realization about the ambiguity involved in constitutional rules, laws and
conventions that lend sufficient space for manoeuvring and predilections to
institutions and actors. The book under review despite certain limitations
broadly seems to be representative of this moment of writings on Indian politics
and makes an attempt to explore the contested relationship between Parliament
and Executive, Executive and Judiciary and most significantly Parliament and
Judiciary around conflict over authority and jurisdiction as well as
interpretation of the Constitution. The book is an analysis of key
constitutional predicaments during the coalition period (2001 onwards) which
witnessed weak governments concomitant with a weak parliament and enhanced the
role of the President, Judiciary and Election Commission in Indian politics.
Venkatesan critically engages the judicial decisions, executive actions, and
parliamentary legislations and studies the Constituent Assembly Debates,
pertaining to some of the most significant controversies around
contested interpretation of rules, conventions and laws. These controversies
remained quite significant in deciding the direction of the shifting power
among Parliament, Executive, and the Judiciary during the era of coalition
politics in India. Judiciary’s emergence as a moral authority during the period
remained quite decisive in establishing ... Table of Contents >> |