Indian Political Science Association

Review
Author(s): BHAWANI SINGH
Review by: BHAWANI SINGH
Source: The Indian Journal of Political Science, Vol. 50, No. 4 (Oct. - Dec. 1989), pp. 583-585
Published by: Indian Political Science Association
Stable URL: http://www.jstor.org/stable/41855461
Accessed: 20-02-2016 23:58 UTC

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 BOOK REVIEWS 583

that Stewart, even if he wanted to escape it, could not have

done so. A general discussion on the cultures of large societies
and on legitimacy, tradition, rationality and charisma is neat
but sketchy. The analysis of the organizations of cultures, hier-
archy and equality and of the basic units of cultures, corporate
groups and individuals and concepts of cultures leaves one utterly
dissatisfied,indeed hanging as if in mid-air. Stewart has discussed
oligarchy, classical liberalism, radical liberalism, democratic socia-
lism, Leninist socialism, Fascist corporatism rather hurriedlyand
even well-known facts and characteristics have been overlooked.
The last chapter on understanding cultural differencesand poli-
tical change contains an analysis about group thinking,physical
reality, violence, coercion and ideology, which if not bright, is
satisfactory.

Every chapter is rounded up with a summary of the main

ideas, arguments and conclusions. It is helpful to those who
want to study the book for the purposes of university exami-
nation.

UnderstandingPoliticsis one of those books which is commonly

available in the U.S.A. and which is specially writtenand design-
ed to help students who for one reason or the other cannot or
would not read standard works. It belongs to the same genre of
works as made popular by Noble and Barnes series, books hurri-
edly put together and designed to help obtain university degree
with minimal effort. 'Pass Books' and 'bazar notes' in such
plentiful supply everywherein India are only poor countrycousins
of the books of the same category available in America. Under -
standingPoliticsis a run-of-the-millbook lacking both depth and
perspective but is definitelyhelpful for a class of people who do
not set much store by scholarship and who are easily satisfied
with whatever is put between two covers.

A. B. MATHUR

ISSUES IN COMPARATIVE POLITICAL THEORY: Consti-

tuentPowerand Doctrineof Basic Structure(Politico- Legal
Interaction in India) By Dr. S.N. Jain, Printwell Publi-
shers, Jaipur, 1989, Page 23 + 234, Price Rs. 175/

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584 THE INDIANJOURNALOF POLITICALSCIENCE

S. N. Jain's book dealing with basic and complicated aspect

of amendment power and judicial review in the Indian Constitu-
tion is a creditable achievement which brings to light an example
of an analytical approach, proper treatment,elaborate expression
and contextual studyof the Constitution. The study under review
is the firstmajor attempt at examining exhaustively the theoryof
constituent power. Issues of constitutional law and political
thought such as 'doctrine of basic structure', 'concept of implied
and inherent limitations', 'power of judicial review' and related
dimensions have been analysed and amplified in the perspective
of comparative political theory.

The book has been arranged and divided into seven chapters»
These seven chapters serve as the milestones of his monumental
journey towards research and are interdependent as well as
interwoven. This work of seven chapters is a confluence of the
material from six areas namely of Philosophy, History, Consti«
tutional Law, Jurisprudence, Logic and Art of Communication.

The study also seeks to suggest that true republican demo-

cracy is intrinsically postulated upon the settlement of social*
economic and political, issues by public discussions and the vote
of people's elected representatives and not by judicial opinions
alone. It emphatically upholds the review that in the exercise of
the power of judicial review, the Court must obstain fromstriking
down a constitutional amendment which makes an endeavour
"to wipe out every tear from every eye".

Jain has investigated the socall ed 'Doctrine of Basic Struc-

ture' in the light of 'Keshavananda Bharati' and subsequent
Supreme Court's decisions and has thoroughly examined the
"concept of essential features" of the constitution. He is radi-
cally opposed to this newly introduced doctrine by judicial inno-
vation. Several questions have been raised and dealt with by
him to examine it. Does the constitution admit of distinction
between essential and non-essential features?. Who is to deter-
mine what the essential features are?. Who is the authority to
pronounce as to what features are essential?. Are the plenary
power of a sovereign Parliament subject to 'implied' limitations?»

According to Jain, there is no foundation for the "theory of

implied and inherentlimitations". How can there be any inherent

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 BOOK REVIEWS 585

and implied limitations in the face of any express power of amend-

ment without any exception?. And what is the sacredness about
the basic structure of the Constitution?. Take the republican
formof government, the supposed cornerstoneof the whole struc-
ture. Has mankind, after its wandering through the maze of his-
tory,made a final and unalterable verdict that it is the best form
of government?. Does not historyshow that mankind has changed
its opinion from generation to generation as regards the best form
of government?. Have not great philosophers and thinkers
throughout the ages expressed differentviews on the subject?.
Did not Plato prefer the rule by Guardians?. And was the sapient
philosopher, Aristotle misled when he showed his proclivity for a
mixed formof government?. If there was no consensus yesterday,
why expect one tomorrow?.

Finally, the studyunderlines the need forconstitutinganother

Full Bench of the Indian Supreme Court to review, reconsider
and over-turnthe so called 'basic structure theory'. Dr, Jain is of
theviewthatthe majoritydecisionin KeshavanandaBhartVscase as to
' seemsnotcorrectand shouldbe overruled
' basic structure .

It is not necessary to agree totally with Dr. Jain in order to

appreciate the vast and deep study of the fundamental constitu-
tional issues done by him. The very theme and subject to which
he has concentrated is in itselfa difficultand controversial subject.
The eminent jurist, Dr. Laxmimal Singhvi has, in his valuable
FOREWORD, righly pointed out that instead of a conflict bet-
ween the Legislature and the Judiciary in India, they should
come forward to safeguard and respect the limitations of each
other with a constructive view and thereafterit would pave the
way for a amicable solution required between the two. I hope
that Dr. Jain's approach to constitutional thought would enrich
the frontiersof the literature relating to the comparative consti-
tional law and political theory.

BHAWANI SINGH

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