Thread by @barandbench

[Book Launch] Supreme Court Judges to release book on "The Law of Emergency Powers" by Dr AM Singhvi and Prof Khagesh Gautam   

@DrAMSinghvi #SupremeCourt

Event begins.

Dr. C Raj Kumar, Founding Vice Chancellor of OP Jindal Global University gives introductory remarks.

@JindalGLS @DrAMSinghvi

Justice NV Ramana is the Chief Guest for the event; Justices Surya Kant, Sanjay Kishan Kaul and DY Chandrachud are guests of honour.

@DrAMSinghvi

Dr. Singhvi says the more judges are left alone after 5 days of overwhelming harassment every week, the better it is for everyone.

@DrAMSinghvi @JindalGLS

There are many laments we can make about legal education in India. In the context of this book release, it would not be inappropriate to underline the glaring absence of genuine legal research in large parts of India: Dr. AM Singhvi.

Part of this is because of any factories of legal education we produce with hardly any quality control: Dr. Singhvi.

@DrAMSinghvi

The negative impact of stratification of law colleges must be urgently addressed. Central universities set up parliament operate their law faculties as law school while State Universities act mostly as affiliating universities: Dr Singhvi

@DrAMSinghvi

This affiliated law college system is a major problem faced by Indian legal education. There is this institutionalised mediocrity and dilution of academic standards in large number of such affiliated institutions: Dr. Singhvi.

Three State govt universities of western Uttar Pradesh at Meerut, Agra and Kanpur have 107, 40 and 67 law colleges affiliated to them respectively. These 214 law colleges offer 20,000 plus seats in LLB degree programme alone: Dr Singhvi.

Madras High Court said in 2017 that 85 percent of law colleges must be closed to maintain sanctity of legal profession: Dr. Singhvi.

Supreme Court judge, Justice Surya Kant giving his address now.

It is my pleasure to be virtually present amongst all of you which marks culmination of doctoral effort of India's leading advocate Dr. AM Singhvi: Justice Surya Kant.

This book on law of emergency powers holistically analyses emergency powers under three democratic common law jurisdictions: Justice Surya Kant.

#emregency #supremecourt

The authors successfully aim at exploring the genesis of emergency powers philosophically in various civilisations and the permissibility of exercising martial law under Indian Constitution: Justice Surya Kant.

@JindalGLS @DrAMSinghvi

The author explore Constituent Assembly Debates and the contentious 42nd and 44th amendments to the Indian Constitution: Justice Surya Kant.

It also deals specifically with the often misused provision for imposing Presidents rule under Article 356 and impacts on judicial independence of the invocation of financial emergency: Justice Surya Kant.

This book has come at a very opportune time in our nation's legal and political history as we come close to completing 75 years of independence and mark the 44th anniversary of 44th amendment to our Constitution: Justice Surya Kant.

No democratic nation has invoked such emergency powers in 21st century. This is because conquest and colonisation is no longer affordable. Focus of governments have shifted to democratic unrest and terrorism: Justice Surya Kant.

These don't threaten existence of national institutions of democracy. For example durinng Corona virus pandemic, no nation has abrogated the Constitution or invoked a formal state of emergency: Justice Surya Kant.

@DrAMSinghvi

There has been a gradual cross over where various jurisdictions have permanently incorporated harsh framework of legislative powers so as to deal with such threats like terrorism. For example Defence against Terrorism Act in UK or TADA, UAPA or POTA in India: Justice Surya Kant.

The amount of delegation of powers to executive under these statutes is definitely a matter concern as it creates a situation rife for arbitrary exercise of powers which consequently endanger individual liberty and human rights: Justice Surya Kant.

Nevertheless incorporation of such provisions may be necessary to address the extra ordinary situations. However it is equally necessary to prevent the abuse of these provisions be it in Constitution or in a statute: Justice Surya Kant.

Such remedy undoubtedly lies in the overwhelming and extraordinary power of judicial review vested in every jurisdictional judicial system: Justice Surya Kant.

Surya Kant J. concludes; Justice Sanjay Kishan Kaul commences his address.

Commitment of Dr. Singhvi to Constitutional values is well known. I attribute my presence here to that because he did not want to violate A. 14 just one of his classmates Justice DY Chandrachud: Kaul J.

Both Kaul J and DY Chandrachud J. are Dr. Singhvi's classmates.

I came to know when I was Chief Justice of Madras High Court that visiting one of the places across the road where steno typists used to sit would be good enough to get you an enrollment in a University outside Tamil Nadu: SK Kaul J.

These are ground realities and we need to try and need to see how to improve legal education. I do believe we are churning out too many lawyers: SK Kaul J.

The timing for release of the book is most opportune as just last year as many as 13 nations declared national emergency where executive adopted exceptional powers to tackle Covid -19 pandemic: Justice DY Chandrachud.

So comparative study of emergency powers is the best resource for anybody seeking to contextualise their social citizenship in these exceptional times that we today live in: Justice DY Chandrachud.

@DrAMSinghvi @JindalGLS

My transformative years as a student were deeply impact by the 21-month long emergency between 1975 and 1977: Justice DY Chandrachud.

We were personally privy to the speeches which were delivered by some of the most examples and those crusaders of personal liberty: Justice DY Chandrachud.

As a young student whose father (Justice YV Chandrachud) was on the Bench, I gained vicarious personal insight into the tribulations of a judge who was grappling with a reconfigured role in this novel state of exception: Justice DY Chandrachud.

History is replete with instances of civil liberties being collateral damage of national emergency; ADM Jabalpur was one of those in our traditions: Justice DY Chandrachud.

I do believe staying in Delhi we have excessive Delhi centric view of Indian polity. Living in Delhi we presume that entire universe of law is consumed by Supreme Court not realising that real law is developed in district courts and High Courts: DY Chandrachud J.

It was our High Courts including the judgment of MP High Court in ADM Jabalpur, judges like Justices AP Sen, Tulzapurkar, Chinnappa Reddy and no of judges who were transferred due to their judgments during emergency who stand out for their contribution they made: Chandrachud J.

Justice Chandrachud speaking about how he had to encounter a case from Gujarat where workers rights were curtailed citing Covid 19 and the economic harm caused by pandemic.

Justice NV Ramana of Supreme Court releases book authored by @DrAMSinghvi and Prof Khagesh Gautam

Justice NV Ramana commences his address

This book brought memories of national emergency. I was then a young student having a great optimism: Justice Ramana.

In June 1975, a public meeting was organised in my hometown on civil liberties. I was presiding that meeting. As I was about to step out, my father asked me to pack an extra pair of clothes. He was convinced I would be arrested: Justice NV Ramana.

As I was reaching the venue, I observed people were running in panic. One of my friends informed that police was arresting people. He took my to outskirts and informed about how govt was about to proclaim emergency: Justice NV Ramana.

We both took a lorry and then walked all night and reached my maternal aunt's house with only Rs. 10 in hand. In the hindsight my father should have given me some more money: Justice Ramana.

Emergencies have long lasting effect on generations. In my case, a year of academic studies and mental suffering can be attributed to emergency. But I have no regrets. I have seen so many young people sacrificing their lives for the sake of human rights: Justice NV Ramana.

I learned so much about human tragedy, pain, hunger and suffering: Justice NV Ramana.

Our experience of this time brought forth the importance of understanding the concept of emergency: Justice NV Ramana.

As was observed by some of the members of Constituent Assembly, emergency provisions are a necessary evil aimed at resolving crisis identified under Constitution: Justice NV Ramana.

Justice Ramana concludes his address.

Prof Khagesh Gautam, one of the authors of the book, delivering the concluding remarks.

Editor of publisher of the book, Springer proposes vote of thanks. Event comes to a close.

@DrAMSinghvi