Chapter

Two Catalytic Defeats

Granville Austin

in Working a Democratic Constitution

Published in print July 2003 | ISBN: 9780195656107
Published online October 2012 | e-ISBN: 9780199080397 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195656107.003.0011
Two Catalytic Defeats

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Exercised though the Prime Minister and her government were over the Golak Nath decision and their inability to overcome it through the Nath Pai Bill, two subsequent Supreme Court decisions challenged the government even more sharply: the Bank Nationalization case (Cooper's case) and the Privy Purses case (Prince's case or Madhav Rao Scindia's case). Rights to property were at the heart of both. The government was also stung, in the privy purses matter, by the failure of its constitution-amending bill. These defeats, cumulative with Golak Nath, were the direct progenitors of three amendments. The government's framing of these amendments reveals much about its internal processes, including their constitutionality. Social revolutionary aims and personal ambitions again were in collision with the distribution of powers in the Constitution. Nationalizing banks and ending the privy purses of rulers of the former princely states were populist tools in Indira Gandhi's battle for dominance.

Keywords: Bank Nationalization; Privy Purses; Madhav Rao Scindia; Golak Nath; Indian Supreme Court; Indira Gandhi

Chapter.  11715 words. 

Subjects: Constitutional and Administrative Law

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