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Books on the topic 'Article 142 of the Indian Constitution'

Author: Grafiati

Published: 7 June 2025

Last updated: 17 July 2025

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1

M, Pal R., and Indian Social Institute, eds. Child labour and compulsory basic education (imperative of Article 45 of the Constitution of India): Proceedings of a seminar organised by Indian Social Institute, New Delhi, held on 12 April, 1997. Indian Social Institute, 1999.

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2

Stephen, Gardbaum. Part VI Rights—Structure and Scope, Ch.33 Horizontal Effect. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0033.

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This chapter examines the applicability of Part III of the Indian Constitution to non-State actors and the horizontal effect of fundamental rights. More specifically, it considers the extent to which the actions of private actors deemed not to be ‘the State’ for purposes of Article 12 of the Constitution are subject to the Constitution’s fundamental rights provisions. It begins with an overview of the distinction between the direct and indirect effect of constitutional rights on non-State actors. It then explores the Indian Supreme Court’s use of its writ petition jurisdiction to approach the

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3

Ananth, Padmanabhan. Part VI Rights—Structure and Scope, Ch.32 Rights: breadth, scope, and applicability. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0032.

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This chapter examines the constitutional framework for fundamental rights in India. It considers three key issues raised by Part III: the application of fundamental rights to private actors (the ‘actor’ question); the applicability of fundamental rights to personal laws and to constitutional amendments (the ‘form’ question); and the effect of unconstitutionality on the validity of a law (the ‘effect’ question). The chapter focuses upon how the Supreme Court has interpreted the meaning of ‘State’ under Article 12, highlighting the structuralist understanding that it has provided, and also consi

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4

Sinha, Shubham. Article 370 & 35A and the Constitution of Jammu and Kashmir: Indian Law Series. Independently Published, 2019.

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5

Godwin, Alvina. Relevance of Sedition Laws in the Post Colonial Era : IS IT in VIOLATION of ARTICLE 19 of the INDIAN CONSTITUTION?: Volume 1, Issue 4 of Brillopedia. Notion Press, Inc., 2021.

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6

Crowley, Donald W., and Florence A. Heffron. The Idaho State Constitution. Greenwood, 1994. http://dx.doi.org/10.5040/9798216192787.

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This reference guide is the first to provide a short history of Idaho's constitution, the full text of the current constitution, and a clear and concise analysis of the document article-by-article. Donald Crowley and Florence Heffron describe the colorful development of the constitution over the last 101 years and how it has reflected concerns about Mormons, Chinese, and Indian inhabitants and powerful economic, social, and political forces. Since 1889, the 109 amendments have democratized the political systems and given people rights to participate more actively in the state's governance. A b

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7

Uday, S. Mehta. Part I History, Ch.3 Indian Constitutionalism: crisis, unity, and history. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0003.

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This chapter examines the background conditions, or ideas, that informed the Indian Constituent Assembly (1946–49) as it reflected on the country’s future identity, and how that identity has been shaped by the Constitution. Constitutions, including the Indian Constitution, have been associated with concrete events that are saturated in terms of context and are often interpreted as the product of a historical process. This article begins with an overview of how constitutions respond to imperatives in relation to the logic of historical causation. It then considers the ways in which crisis and a

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8

Tarunabh, Khaitan. Part VII Rights—Substance and Content, Ch.39 Equality: legislative review under Article 14. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0039.

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This chapter examines the grounds of legislative review under the general constitutional guarantee of the right to equality as embodied in Article 14 of the Indian Constitution. It first provides an overview of the traditional narrative on the transformation of Article 14, before turning to a discussion of two doctrines that have evolved to test the constitutionality of a measure when faced with an Article 14 challenge: the ‘classification test’ or the ‘old doctrine’ (‘unreasonable comparison’) and the ‘arbitrariness test’ or the ‘new doctrine’ (‘non-comparative unreasonableness’). It examines

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9

Namita, Wahi. Part VII Rights—Substance and Content, Ch.52 Property. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0052.

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This chapter examines the fundamental right to property as an important, albeit contentious, provision in the Indian Constitution. It considers Article 19(1)(f) of the Constitution, which guaranteed to all citizens the fundamental right to ‘acquire, hold and dispose of property’. It considers the shifts and continuities concerning this right in India, in both colonial and Independent India. It analyses case law relating to agrarian reform under the First, Fourth, and Seventeenth Amendments (Article 31(4) and (6), Articles 31A and 31B). It also assesses the laws within the scope of Article 31(2

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10

Vikramaditya S, Khanna. Part VII Rights—Substance and Content, Ch.48 Profession, Occupation, Trade, or Business. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0048.

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This chapter examines the right to practice any profession or to engage in any occupation, trade, or business as embodied in the Indian Constitution. In particular, it considers Article 19(1)(g) and certain limitations on the right, and how this right interacts with India’s political economy. Three important questions are discussed. When is an activity treated as a profession, occupation, trade or business (POTB)? When are the restrictions upon this activity considered to be ‘reasonable’ with regard to Article 19(1)(6)? How does Article 19(1)(g) apply to the development of private educational

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11

K, Vivek Reddy. Part VII Rights—Substance and Content, Ch.51 Minority Educational Institutions. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0051.

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This chapter examines the right of religious and linguistic minorities to ‘establish and administer educational institutions of their choice’ as embodied in the Indian Constitution. Before discussing India’s constitutional experience with minority educational institutions, it considers the reasons that fuel the debate over the right of educational institutions under Article 30(1), including the Indian Supreme Court’s failure to provide an appropriate constitutional framework for the protection of such right. It explores whether, under Article 30, the right to establish and administer education

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12

Surya, Deva. Part VI Rights—Structure and Scope, Ch.35 Saving Clauses: the Ninth Schedule and Articles 31A–C. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0035.

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This chapter examines the drafting history, nature, scope, (mis)use, and relevance of the so-called ‘saving clauses’ of the Indian Constitution: Article 31A, Article 31B read with the Ninth Schedule, and Article 31C. They are designed to protect laws aimed at agrarian reforms or at implementing certain Directive Principles of State Policy (DPSPs) from a potential constitutional challenge on the ground of violating fundamental rights (FRs), andexceptionally allow certain laws to override FRs. This chapter offers an alternative reading of the saving clauses and discusses the Ninth Schedule, argu

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13

Rohit, De. Part I History, Ch.2 Constitutional Antecedents. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0002.

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This chapter focuses on the antecedents of the Indian Constitution. It first examines the various charters and laws that established the structure of power in colonial India from 1600 to 1947. It then considers the attempts by Indian groups during the freedom struggle to draw up constitutions or articulate claims against the State, before turning to a discussion of constitutional practice in colonial India. The article treats the Indian Constitution as a set of interactions between constitutional texts, constitutional aspirations, and the quotidian practice of constitutional law, rather than a

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14

Madhav, Khosla. Part III Constituting Democracy, Ch.14 Constitutional Amendment. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0014.

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This chapter examines the formal method for constitutional amendment provided for in Article 368 of the Indian Constitution. It first reviews the early cases that gave rise to the Basic Structure doctrine, which placed substantive restrictions upon the power of amendment, before exploring subsequent developments and the application of the doctrine. It considers how Indian courts have addressed the idea of an unconstitutional constitutional amendment, with particular emphasis on the architectural framework that the courts have envisioned the Constitution to have. It explains how the Basic Struc

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15

Matthey-Prakash, Florian. The Right to Education in India. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199494286.001.0001.

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What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means tha

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16

Prateek, Jalan, and Rai Ritin. Part IV Separation of Powers, Ch.24 Review of Administrative Action. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0024.

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This chapter examines the concept of administrative review in the context of the Indian Constitution, with particular emphasis on how administrative actions are reviewed under Article 14. It first considers whether administrative review is different from legislative review, and especially whether the grounds of judicial review under Article 14 apply to the same extent when it comes to the validity of legislation compared with administrative action. It then discusses the scope of the power of administrative review under the concept of ‘reasonableness’ and whether this concept has been applied o

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17

Louise, Tillin. Part V Federalism, Ch.30 Asymmetric Federalism. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0030.

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This chapter examines the legal status and consequences of the asymmetrically federal provisions included in the Indian Constitution. In particular, it considers constitutional amendments relating to autonomy arrangements in India’s North-eastern region, along with the ‘special status’ of Jammu and Kashmir. After providing an overview of the significance of asymmetric federalism in India, the article discusses the administration of tribal areas under the Fifth and Sixth Schedules. It also explores provisions aimed at mitigating intra-State inequalities in the States of Gujarat, Andhra Pradesh,

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18

HP, Lee. Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755999.003.0001.

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This introduction describes the constitutional developments in Malaysia. The Constitution of the Federation of Malaysia functions for an ever-increasing population estimated at 30.26 million in 2015; ethnic groups comprised of Malay, Chinese, indigenous, Indian, and others; and diverse religions including Islam, Buddhism, Christianity, Hinduism, and others. The Constitution envisages a separation of powers doctrine, dividing powers amongst the different organs of government. Legislative power resides in the Federal Parliament, whereas judicial power, before 1988, was vested in the judiciary. T

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19

Neelanjan, Maitra. Part VIII The Government’s Legal Personality, Ch.54 Sovereign Immunity. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0054.

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This chapter examines the doctrine of sovereign immunity and the related ‘Sovereign Functions’ doctrine in India. It begins with an overview of the text of Article 300 of the Indian Constitution and proceeds with a brief survey of the case law on sovereign immunity that preceded the adoption of the Constitution. It then revisits some early attempts to revise the law on sovereign immunity in the post-Independence period, before discussing the judicial treatment of sovereign immunity and how the Indian Supreme Court has dealt with the constraints imposed by its own precedents, along with the Cou

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20

Anup, Surendranath. Part VII Rights—Substance and Content, Ch.42 Life and Personal Liberty. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0042.

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This chapter considers the ‘right to life and personal liberty’ guaranteed in Article 21 of the Indian Constitution. It provides an account of the content of this right, the way in which its meaning has developed and been understood, and the shape the jurisprudence in this area has taken. It explores certain specific guarantees that have been recognized under the right, and the way in which the right has been expanded, including through the Supreme Court’s emphasis on dignity. It considers debates on the hierarchy of rights and concerns that remain on the nature and meaning of this guarantee w

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21

Arvind P, Datar. Part V Federalism, Ch.27 Inter-State Trade, Commerce, and Intercourse. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0027.

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This chapter examines the trade, commerce, and intercourse clauses in the Indian Constitution. Part XIII of the Indian Constitution consists of Articles 301 to 305 and encompasses ‘Trade, Commerce and Intercourse within the territory of India’. The focus of this chapter is on the controversy surrounding compensatory taxes. It first compares the Indian framework with Australian law on trade, commerce, and intercourse, before discussing the controversy over compensatory tax that began with Section 3 of the Assam Taxation (On Goods Carried by Roads or Inland Waterways) Act 1954 and whether the co

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22

Lavanya, Rajamani. Part II Negotiating Constitutionalism, Ch.9 International Law and the Constitutional Schema. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0009.

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This chapter examines the Indian constitutional scheme with regard to international law. It begins with an overview of the doctrinal debates surrounding key constitutional provisions relating to international law, with particular emphasis on Article 51(c) of the Indian Constitution. It then considers how Indian courts have viewed norms of international law with respect to the constitutional guidance to ‘foster respect for international law and treaty obligations’, along with the courts’ development of domestic rights jurisprudence in dialogue with international law. It also explores how the co

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23

Sujit, Choudhry. Part III Constituting Democracy, Ch.11 Language. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0011.

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This chapter examines the constitutional politics of official language status in India. It gives an overview of the debates in the Indian Constituent Assembly over issues such as the official language of the Central Government and the Indian Constitution’s distinction between the language of parliamentary deliberations and the language of legislation. It considers the disaggregation of official language status into different linguistic states within the context of the relationship between federalism and language. It also discusses the implications of linguistic federalism for linguistic minori

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24

Upendra, Baxi. Part II Negotiating Constitutionalism, Ch.6 Law, Politics, and Constitutional Hegemony: the Supreme Court, jurisprudence, and demosprudence. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0006.

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This chapter examines constitutional hegemony in relation to three forms of prudence: legisprudence, jurisprudence, and demosprudence. It considers how constitutional pluralism has influenced the making and working of the Indian Constitution, especially through the dynamics of the Supreme Court of India. In particular, it explores the notion of adjudicatory leadership and the concept of demosprudence in the context of the Indian Supreme Court, along with the changing relation between demosprudence and jurisprudence. The article first looks at the demosprudence of the Supreme Court of India, be

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25

Flavia, Agnes. Part VII Rights—Substance and Content, Ch.50 Personal Laws. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0050.

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This chapter examines the legal framework for personal laws in India. It begins with an overview of the legal system introduced for personal laws during colonial rule, along with the evolution of legislation for such laws. It then considers Hindu law reforms following Independence and goes on to discuss the manner in which the courts have tackled the challenges to the constitutionality of personal laws. In particular, it explores two approaches used by the courts to test personal laws on the touchstone of fundamental rights: the non-interventionist approach and the scrutinising approach. The c

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26

Sidharth, Chauhan. Part IV Separation of Powers, Ch.17 Legislature: privileges and process. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0017.

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This chapter examines how the exercise of legislative privileges is treated in the Indian Constitution. More specifically, it considers whether the exercise of legislative privileges by members of the Indian Parliament is justiciable and if so, to what extent. While the courts have ruled in favour of limited judicial scrutiny, the broader principle of ‘separation of powers’ invites further debate. This article begins with an overview of the justifications for legislative privileges and prominent judgments related to their scope, along with some instances where their invocation has become the s

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27

V, Niranjan. Part V Federalism, Ch.26 Legislative Competence: the Union and the States. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0026.

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This chapter examines the law of legislative competence in India. After providing an overview of legislative competence in the Indian Constitution, it explains the distinction between legislative power (‘competence’) and the exercise of legislative power (‘repugnance’). In particular, it considers early clashes in the money-lending litigation, the argument of Sir Walter Monckton KC and the Advice of Lord Porter in the Prafulla Kumar Mukherjee case, and the birth of ‘aspect theory’ in Indian law. It then explores how competence and repugnance have impacted the legislative relationship between t

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28

Gopal, Subramanium. Part VI Rights—Structure and Scope, Ch.34 Writs and Remedies. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0034.

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This chapter examines the relevant provisions of the Indian Constitution regarding the power of courts to issue writs and grant remedies, with particular emphasis on Articles 32 and 226. It considers these two provisions and how they empower the Indian Supreme Court and High Courts to issue directions, orders, or writs to any person or authority, and to enforce the fundamental rights. It then considers a number of issues relating to Article 226, such as whether it is confined to governmental institutions and statutory public bodies, along with the question of cause of action and territoriality

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29

Harish, Salve. Part V Federalism, Ch.28 Inter-State River Water Disputes. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0028.

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This chapter examines the constitutional framework for the resolution of inter-State river water disputes in India, considering whether water disputes are best resolved through political negotiation or through adjudication, how political agreements can be enforced and implemented, and how disputes are tackled substantively and procedurally. It discusses Article 262 of the Indian Constitution and the vesting of power in Parliament to adjudicate disputes regarding inter-State rivers or river valleys. It then provides a historical perspective on inter-State river water dispute resolution, startin

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