AN INDIAN EXPERIENCE
viii+256pp
The book is a critical expose of emergency provisions of the Constitution, the Constitution Assembly Debates and India's experience in dealing with emergency situation. There have been three emergencies in the last six decades on the ground of grave threat to the sovereignty of India. Every time they were prolonged beyond the conditions for their imposition ceased to exist and preventive detention laws were employed to silence opposition.
Dr. N.M. Ghatate is a Senior Advocate of the Supreme Court of India. He was also the former Vice-Chairman of the Law Commission of India. He did his M.A. and Ph.D. in International Relations from the School of International Studies, The American University, Washington D.C. He was also lecturer of International Relations and Organisations in the USA and India; and participated in several seminars in India and abroad.
PREFACE
CHAPTER ONE : INTRODUCTION
CHAPTER TWO : EMERGENCY PROVISIONS OF THE CONSTITUTION
CHAPTER THREE : EMERGENCY IN OPERATION
CHAPTER FOUR : CONDITIONS OF DETENTION
CHAPTER FIVE : MARTIAL LAW
CHAPTER SIX : THE 44TH CONSTITUTIONAL AMENDMENT
CHAPTER SEVEN : PREVENTIVE DETENTION
CHAPTER EIGHT : CONCLUSION APPENDICES I : RELEVANT PROVISIONS OF THE CONSTITUTIONAL AMENDMENTS AND PREVENTIVE DETENTION ACTS: MISA AND COFEPOSA II : DELHI JUDGES LISTEN TO WORLD JUDGMENTS ON HUMAN RIGHTS, THE TIMES (LONDON), FEBRUARY 17, 1976 III : EDITORIAL IN THE NEW YORK TIMES APRIL 30, 1976 IV : ANALYSIS: JUDGMENTS OF DELHI AND BOMBAY HIGH COURTSIndex