The once and future Constitution | Books
Gautam Bhatia's formulation ensures that the Constitution is not 'frozen in time', nor does it give judges a blank cheque to rewrite the Constitution.
Advancing rights through the courts in India remains a difficult task. Facing a conservative judiciary, a hostile executive and vested interests of dominant social orders, advocates have to turn to the text of the Constitution, the precedents of the Supreme Court and concepts of international law to protect and advance constitutional rights. Foreign law has legitimacy issues, judicial precedents aren't always progressive and the constitutional text is a narrow foothold.
Written by men and women who were simultaneously seeking to transform India's future and manage a tumultuous present of massive migration, mass violence
