constitutional liberal
M. C. Setalvad
Motilal Chimanlal Setalvad
1884–1974
Also known as: MC Setalvad, M.C. Setalvad, M. C. Setalwad, Setalvad, Setalwad
How M. C. Setalvad is discussed in this archive
Referenced in 2 other works — including Report , and Fundamental Rights: Our Protection Against Tyranny .
In Report : Setalvad's legal opinion is the intermediate jurisprudential step in Sathe's reconstruction of how the Prasad–Nehru dispute over Presidential obligation was eventually settled by the Supreme Court and codified by constitutional amendment.
In Fundamental Rights: Our Protection Against Tyranny : The speaker cites Setalvad — described as one of the great jurists of the English-speaking world — on the dangers of too-frequent constitutional amendment, deploying Setalvad's legal authority to support the case for a referendum requirement.
Mentioned in (2)
Primary works (1)
- Report · 2005
- "using the controversy over the President's obligation to act on the advice of the Council of Ministers (from Rajendra Prasad's conflicts with Nehru, through M. C. Setalwad's opinion, to the Supreme Court's eventual endorsement and subsequent constitutional amendment) as a case study in the conversion of unwritten conventions into written rules." — Setalvad's opinion is cited as the bridge between political dispute and judicial settlement
Excerpts (1)
- Fundamental Rights: Our Protection Against Tyranny
- "Shri M. C. Setalwad (who has been hailed as one of the great jurists of the English-speaking world). He said: "Amendments of the Constitution have been too frequent and if I may use the expression, without any disrespect to Parliament, too irresponsible."" — Setalvad's verdict on irresponsible amendments anchors the speaker's proposal for a supermajority or referendum safeguard