By Granville Austin
Austin's magnum opus tells the very human tale of ways the social, political, and day by day realities of the Indian humans were mirrored in and directed the process constitutional reforms when you consider that 1950.
Read or Download Working a Democratic Constitution: A History of the Indian Experience PDF
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Extra resources for Working a Democratic Constitution: A History of the Indian Experience
Example text
H c said t l ~ ! er ]'. fcrnctioning (depentletl] upon the coopt:ration of t l ~ cother two [ b r ; ~ n c l ~ c sIbitl. I' Other 'fretdonls' prorected by AI-ticle 19,1~itl1certainlestrictions. eely withi11 the count17, to reside anpvl~erein the country, to acquire and dispose of propel t ~ ;lnd . :o practice n~iyprofession and cnmry or, any business. auses of Article 19. T h e Supreme Court unanimously upheld the Patna High Court's judgement in Stale ojBihar v Shailabala Dmi 1952 (3) SCR 654ff.
Bol. 8, n o . 2. )C,T,, pp. 203-5. 39 For the text of the a r n e n d m e ~ tsee , Conslilulion Amendmen! i n India, Lok Sabha Secretariat, New Delhi. 1986, pp. 179-84. 40 Act No LVI of 1951. Acrs ~JPorlinmenf,hlinistry of Law, GOI, New Delhi, 1952,p p . 389402. ~' This was a curious affair. The initial iriclination of Nehru and the others had been to oullarv certain kinds of speech, and he amendment's language conceivably made prosecution easier. Yet providing that any limitations on free speech lllust be 'reasonable' strengthened the right through judicial review.
2, p. 500. , p. 506. ' 28 Nehru told members of the All India Newspaper Editors Conference at a meeting o n 20 May 1951 that the a ~ n e n d m e nwas t not aimed at the press. Gopal, S. ), Selecfed W&ofJaznahharMNehnr, LLOvols, Oxford University Press. New Delhi, 1995, vol. 1, part 1, o. 187. They were thinking of certain law 2nd order situations in the country and of the international s~tuation,he said. Free Speech, Liboi'y, and Public Order 47 ! i 1 ) Now it was the cri~ics'turn. H. V. ~~ Hriday Nath Kunzru, one of the distinguished non-Congressmen who the Congress had brougbt into the Conslituent Assembly, cleclared that Article 19 was no1 being amended, but repealed.