HM SEERVAI CONSTITUTIONAL LAW OF INDIA PDF

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He matriculated from Bhada New High School, Mumbai and in joined Elphinstone College , Bombay from where he graduated with a first class degree in philosophy. He received his law degree from Government Law College, Mumbai. During those years, he was offered various other positions in the Indian judicial system, including a seat on the Indian Supreme Court and as Attorney General for India.

He declined these positions preferring to contribute through critical analysis of higher court judgements. He had an effortless command of the English language and its classics. The judgments and orders of the Bombay courts were unanimously set aside with costs. Seervai was a man above all dedicated to truth and justice. This is precisely why he earned the respect of his colleagues, clients and readers alike. Simplicity In many respects, Seervai, the man, was greater than Seervai, the lawyer, but the two characters were inextricably mixed, making him the most respected person in law and giving him that indefinable eminence over several lawyers of his day who were reputed to be clever and more astute than he was.

This work contributed significantly to Kesavananda Bharati vs. The State of Kerala , his most famous case, which led to the development of the " Basic structure doctrine", which inhibits politically motivated changes to the Constitution of India. Perhaps, its full repercussions have not yet completely been understood, and it is the defining and distinguishing part of democracy under the written constitution vs. The decision established that a legislature, elected for the legislative process, does not have the ability to amend the basic structure of the constitution.

That in itself indicates a departure from the British Westminster democracy, where the unwritten constitution can be amended at will by the British parliament, which is the ultimate sovereign.

The Indian Parliament, however, cannot change the basic structure of the Indian constitution and the same principle is championed in later cases by the Supreme Court of India.

Recognition of his eminence came in many ways. He was offered judgeship of the Supreme Court twice. Each time he declined it. He was conferred the Padma Vibhushan in In , the British Academy elected Seervai its Corresponding Fellow, a distinction reserved for scholars of the highest academic distinction. Also in , he was awarded the Dadabhai Naoroji Prize. Lord Denning, the doyen of all judges said, "He was a great personality and one of the most learned I have met.

Declining the office with thanks, he wrote in his own hand to the Law Minister that the best contribution that he could make to the law was not to appear in Court but to "embody in successive editions of his book the correct judicial interpretation of the Constitution".

One cannot think of any lawyer in the world declining such a high office for the sake of writing a scholarly thesis. He argued that it was the latent bias on the part of Indian National Congress leadership which resulted in partition.

It is a painstakingly accurate exercise of sifting through the Transfer of Power Papers, apart from dozens of other books on the subject of Partition, after which like a true jurist, Mr. Seervai has given his verdict and it is an interesting verdict but also a journey towards discovering the truth.

The journey, Seervai says, started for Rajmohan Gandhi with his fascinating inquiry into the life of Mahomed Ali Jinnah in which the author did not shy away from criticising his famous grandfather, Mohandas Gandhi, for introducing religion into politics and for refusing to accommodate the Muslims to share power.

Books on Seervai[ edit ] Seervai, Feroza H.

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