When we think of the Indian Constitution, we think of the glorious chapter on fundamental rights which guarantees paramount civil liberties such as freedom of speech. But there is also a tension, because freedom of speech is compelled to co-exist with laws such as sedition - contained in Section 124A of the Indian Penal Code (IPC). In 2021, numerous individuals petitioned the Supreme Court to take sedition off the law books. But, what is sedition? What is its provenance? How was sedition used in colonial India against nationalist leaders? Is there any constitutional justification for its continuance? In A Constitution to Keep, Rohan Alva answers these timely and relevant questions which every Indian should be asking. The book also makes a case for why political speech must be constitutionally protected and how the Supreme Court can do this while ensuring the purity of political discourse.
Liberty After Freedom explores the origins of what is today considered the most important fundamental right in the Indian Constitution - the right to life and personal liberty guaranteed by Article 21. This is the article which in recent years made the right to privacy as well as the decriminalization of homosexuality possible. Without a doubt, Article 21 has had the most outsized influence on the progressive development of rights in India. But the story of how this important right was birthed is deeply controversial and its passage in the Constituent Assembly divided opinion like no other feature of the Constitution. Liberty After Freedom explores the intellectual beginnings of this paramount fundamental right in an attempt to decode and unravel the controversies which raged at the time the Constitution was being crafted. Written in lucid prose and drawing extensively on the Constituent Assembly debates as well as a wide array of scholarly literature, it questions long-held beliefs and sheds new and important light on the fraught history of due process and Article 21. It is an indispensable book for the legal community and for everyone interested in the genesis of the Constitution.
When we think of the Indian Constitution, we think of the glorious chapter on fundamental rights which guarantees paramount civil liberties such as freedom of speech. But there is also a tension, because freedom of speech is compelled to co-exist with laws such as sedition - contained in Section 124A of the Indian Penal Code (IPC). In 2021, numerous individuals petitioned the Supreme Court to take sedition off the law books. But, what is sedition? What is its provenance? How was sedition used in colonial India against nationalist leaders? Is there any constitutional justification for its continuance? In A Constitution to Keep, Rohan Alva answers these timely and relevant questions which every Indian should be asking. The book also makes a case for why political speech must be constitutionally protected and how the Supreme Court can do this while ensuring the purity of political discourse.
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