Comparative Common Law Perspectives by Dr Abhishek Singhvi and Professor Khagesh Gautam
Justice, NV Ramanna, Supreme Court of India with three justices of the Supreme Court of India: Judge Surya Kant, Judge Sanjay Kishan Kaul and Judge DY Chandrachud will release the book entitled “The Law of Emergency Powers: Comparative Perspectives of the Common Law “Written by Dr Abhishek Singhvi and Prof. Khagesh Gautam January 23, 2021. The book is published by Springer publication.
ABOUT THE BOOK
The book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. The book focuses on comparative studies across three jurisdictions and explores in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law, and military action in the service of civil authority. , invocations in times of war and peace, and several related invocations and vital themes such as the judicial control of emergency powers.
The book covers the different positions on external emergencies as opposed to internal emergencies, economic / financial emergencies and emerging advances in state autonomy by central or federal governments, through the use of powers like Article 356. of the Indian Constitution.
The book investigates issues in the context of emergency powers as they are legally understood in India, the United States and the United Kingdom. The historical analysis of Article 34 of the Indian Constitution, the careful balance of constitutional powers in times of economic emergency, the ‘Publish-Bommai‘ discussion that shows how the landmark nine-judge Supreme Court ruling in the famous SR Bommai Case, and other interesting subparts of this book provide an in-depth look at the law and history of emergency powers in India.
NOTES FROM THE AUTHORS
Looking back on his experience at the bar of the Supreme Court, Dr Abhishek Manu Singhvi, Senior Counsel, Supreme Court of India noted, âThis work is the result of many years of hard work and patience. The work you see here today was originally prepared as my doctoral dissertation at Cambridge in 1985. The Supreme Court of India is not considered the most powerful Supreme Court in the civilized world. for no reason. Our Court is the only supreme court in the common law world that has declared emergency proclamations unconstitutional. It is not an easy thing to do . When viewed from a comparative perspective, we can learn a great deal about how constitutional power is to be exercised and how it is actually exercised. The wealth of citations and references in this book, as well as the discussion and handling of specific issues, I hope, would be found useful by all members of the Bench and Bar. ”
Highlighting certain aspects of this work, Professor Khagesh Gautam, Associate Professor, Jindal Global Law School noted, âThe study of emergency powers in India is generally limited to article 356 of the Constitution. This work takes a more holistic approach. of Article 360 ââwhich is perhaps one of the most academically ignored provisions of our Constitution. ”
The virtual book launch event will take place on the 23rd January 2021, Saturday from 4.30 p.m. to 5.45 p.m.
Introductory remarks: Teacher. Dr. C. Raj Kumar, Founding Vice-Chancellor, OP Jindal Global University
Address by author: Dr Abhishek Singhvi, Member of Parliament and Senior Counsel, Supreme Court
Speech by the guest of honor: Judge Surya Kant, judge, Supreme Court
Speech by the guest of honor: Judge SK Kaul, Judge, Supreme Court
Speech by the guest of honor: Judge DY Chandrachud, Judge, Supreme Court
Speech by the guest of honor: Judge NV Ramana, Judge, Supreme Court
Final remarks by the author: Pr. Khagesh Gautam, Associate Professor, JGLS
Thank you vote: Ms. Noopur Singh, Editor, Springer Nature
The event can be accessed live here: