Dr. C D Jhas : Judicial Review of Legislative Acts

Dr Chakradhar Jha has very aptly explained the scope and effect of Judicial Review of Legislative Acts in this book. The book is scholarly and thorough and his exposition of the subject is marked by ability and an incisive analysis of the principles involved. It illustrates and explains the many ramifications of the problems of judicial review. The various facets of this question, historical, economic, moral, social and legal, have been discussed with satisfying completeness. Important decisions of the Courts of both India and abroad are analysed and their rationales logically elucidated. The book comprises of interesting views on the necessity for maintaining the process of judicial review and its creative function in a democracy, balanced against which are discussed the dangers inherent in this system. The wealth of information and learning in this book will make it a valuable addition to the shelf of the lawyer and the student of the processes of democracy.

Chapter 1
Constitution and Judicial Review
1. Fundamental Concept Of Constitution
2. Characteristics Of Modern Constitutions And Their Impact On
Judicial Review

Chapter 2
Court And Constitution
1. Nature And Classification Of Law
2. Object Of Statutory Law And Its Constitutional Standard
3. Legislature Not Sole Judge Of Law-Making
4. Court As Interpreter Of Will Of Sovereign People
5. Duties And Obligations Of Court To Determine
6. Constitutionality Of Legislative Acts
7. Constitutional Interpretation And Judicial Review
8. Court As Nation Builder Through Judicial Review

Chapter 3
Constitutional Evolution And Judicial Review
1. Evolution And Characteristics Of Indian Constitution
2. Evolution And Characteristics Of English Constitution
3. Evolution And Characteristics Of American Constitution
4. Evolution And Characteristics Of Constitution Of Canada
5. Evolution And Characteristics Of Constitution Of Australia

Chapter 4
Sovereignty In Constitutional Law And Its Relevance In
Judicial Review
1. Sovereignty: Meaning
2. Evolution Of Sovereignty
3. Aspects Of Sovereignty
4. Nature Of Sovereignty
5. Impact Of Sovereignty

Chapter 5
Fundamental Concept Of Judicial Review
1. Meaning, Scope And Philosophy Of Judicial Review
2. Judicial Review Evolves Consciousness Of Right
3. Democratic Elements In Judicial Review
4. Judicial Review—Part Of Constitutional Interpretation
5. Purposes Of Judicial Review
6. Effect Of Judicial Review
7. Requisite Virtues Of Constitutional Judges For Judicial Review

Chapter 6
Evolution Of Judicial Review
1. Judicial Review Not New Revelation
2. Evolution Of Judicial Review In India
3. Indian Legislature And The Rule Of Law
4. Judicial Review Under Constitution Of India
5. Fundamental Features Of Judicial Review
6. Control Of Judicial Review Of Legislative Acts
7. Methods Of Enforcement Of Judicial Review
8. Suspension Of Fundamental Rights And Future Of Judicial Review
9. Evolution Of Judicial Review In England
10. Evolution Of Judicial Review In America
11. Conclusions

Chapter 7
Constitutional Growth In India Under Judicial Review And Its Impact
1. Evolution Of Personal Rights Under Indian Constitution
2. Social Democracy
3. Social Morality
4. Social Culture And Religion
5. Social Inequality Of Women
6. Social Health
7. Social Safety
8. Social Economy
9. Social Justice
10. Conclusion

Chapter 8
Unconstitutional Statutes
1. Concept Of Unconstitutionality
2. Power And Duty Of Court When Unconstitutionality Is Pleaded
3. Effect Of Unconstitutionality
4. Power Of Legislature To Validate Laws Declared Unconstitutional
5. Revitalisation Of Unconstitutional Statutes And Doctrine Of
Eclipse
6. Whether Constitution Has Retrospective Effect
7. Applicability Of Doctrine Of Waiver, Acquiescence And Estoppel
In Constitutional Law
8. Emergency Law And Judicial Review
9. Unconstitutionality Arising Out Of Distribution Of Powers
10. Unconstitutionality Arising Out Of Separation Of Powers
11. Unconstitutionality On Account Of Infringement Of
Fundamental Rights
12. Unconstitutionality Arising Out Of Violation Of Other Provisions
Of Constitution
13. Unconstitutionality On Account Of Violation Of Basic Structure
Of Constitution
14. Rules Of Conduct And Procedure Of Judicial Review
15. Conclusions

Chapter 9
Political Questions And Other Issues Relevant To Judicial Review
1. Political Questions And Judicial Review
2. Role Of Stare Decisis In Constitutional Law
3. Doctrine Of Severability
4. Concept Of Natural Justice And Judicial Review
5. Procedure For Considering Constitutional Cases In
Supreme Court

Chapter 10
Fundamental Considerations In Judicial Review
1. Foundations And Objectives Of Judicial Review
2. Doctrine Of Judicial Review Explained
3. Indian Federalism And Judicial Review
4. Impact Of Judicial Review On Politico-Social Structure
5. Enlargement Of Scope Of Judicial Review
6. Court As Sentinel Of Separation Of Powers
7. Fundamental Rights And Judicial Review
8. Rules Of Conduct Of Judicial Review
9. Judicial Review And Law Curriculum
10. Perils Of Democracy And Creative Function Of Judicialreview
11. Pitfalls Of Judicial Review
12. Modern Trend Of Judicial Review In India

Chapter 11
Summary And Conclusions
1. Philosophical Aspects Of Constitution And Judicial Review
2. Constitutional Development And Judicial Review—Co-Relation
3. Judicial Review And Its Evolution
4. Necessary Conditions For Judicial Review
5. Fundamental Objectives And Effects Of Judicial Review
6. Unconstitutional Statutes And Judicial Self-Restraint
7. Innovations Necessary In Working Of Judicial Review
8. Fundamental Rights And Directive Principles: Relative Scope
9. Constitutional Doctrines And Principles
10. Ethical Foundations Of Judicial Review And Its Impact N
Constitutional Growth And Social Structure
11 Strengthening Judicial Review Is Strengthening Arms
Of Liberty And Freedom
12 Efficacy Of Study Of Judicial Review