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In India, judicial review is not a static phenomenon. It has
ensured that the Constitution is the supreme law of the land, and
in situations when a law impinges on the rights and the liberties
of citizens, it can be pruned or made void. This is a collection of
scholarly essays demonstrating the different facets of judicial
review based on the vast area of comparative constitutional law.
Importantly, it honours the body of work of Upendra Baxi, legal
scholar and author, whose contributions have shaped our
understanding of legal jurisprudence and expanded the scope of
social transformation in India. This volume recognizes his role as
an Indian jurist. Various constitutional law experts come together
to reflect on his expositions on the role of the apex court,
judicial activism, accountability of judiciary, laws on surrogacy
and adultery and so on.
Triple talaq, or talaq-e-bidat, is one of the most debated issues
not only in India but also in other countries having a sizeable
Muslim population. Muslim men have regularly misused this provision
to divorce their wives instantly by simply uttering 'talaq' thrice.
The Supreme Court of India, in the landmark judgement Shayara Bano
v. Union of India, finally declared the practice unconstitutional.
Salman Khurshid, who assisted in the case as amicus curiae, dives
deep into the topic but presents it simply, without much jargon.
Explaining the reasons behind the court's decision, he goes on to
discuss other aspects of this practice, such as why it is wrong;
why this practice has thrived; what the previous judicial
pronouncements on it were; what the Quran and Muslim religious
leaders say about it; and what the comparative practices in other
countries are. This is the Hindi translation of the English
edition.
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