India's Legal System: Can It Be Saved?
Fali S. Nariman - 2006
But how are lawyers and the judicial system in India perceived today? It is no secret that the very thought of facing the courts in India leaves the common man with a sense of dread and despair; cases drag on interminably, and justice sometimes seems like an afterthought. Who or what is responsible for this situation? Where have we lost our way? It is at times good to see ourselves as others see us, and the picture is not a very flattering one, argues Fali S. Nariman, renowned constitutional expert, practising lawyer and president of the Bar Association of India. In this frank and thought-provoking book, he realistically appraises the performance of those in the profession and what they need to do in the years ahead, and addresses some home truths about our country's legal system.
The Transformative Constitution: A Radical Biography in Nine Acts
Gautam Bhatia - 2019
Yet the working of the Constitution over the last seven decades has often failed to fulfill that transformative promise. Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.
The Case that Shook India: The Verdict That Led to the Emergency
Prashant Bhushan - 1978
The watershed case, Indira Gandhi v. Raj Narain, acted as the catalyst for the imposition of the Emergency. Based on detailed notes of the court proceedings, The Case That Shook India is both a significant legal and a historical document.The author, advocate Prashant Bhushan, provides a blow-by-blow account of the goings-on inside the courtroom as well as the manoeuvrings outside it, including threats, bribes and deceit. As the case goes to the Supreme Court, we see how a ruling government can misuse legislative power to save the PM's election.Through his forceful and gripping narrative, Bhushan vividly recreates the legal drama that decisively shaped India's political destiny.
A People's Constitution: The Everyday Life of Law in the Indian Republic
Rohit de - 2018
Drawing upon the previously unexplored records of the Supreme Court of India, A People's Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes--all despised minorities--shaped the constitutional culture.The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state's own procedures. De examines four important cases that set legal precedents: a Parsi journalist's contestation of new alcohol prohibition laws, Marwari petty traders' challenge to the system of commodity control, Muslim butchers' petition against cow protection laws, and sex workers' battle to protect their right to practice prostitution.Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People's Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Working a Democratic Constitution: A History of the Indian Experience
Granville Austin - 2000
Austin's magnum opus tells the very human story of how the social, political, and day-to-day realities of the Indian people have been reflected in and directed the course of constitutional reforms since 1950.
The Indian Constitution
Madhav Khosla - 2012
Combining authoritative analysis, new ideas, and diverse perspectives, they discuss subjects which are topical yet enduring, as also emerging areas of study and debate. Giving identity to over a billion people, the Indian Constitution is one of the world's great political texts. Drafted over six decades ago, its endurance and operation have fascinated and surprised many. In this short introduction, Madhav Khosla brings to light its many features, aspirations, and controversies. How does the Constitution separate power between different political actors? What form of citizenship does it embrace? And how can it change? In answering questions such as these, Khosla unravels the document's remarkable and challenging journey, inviting readers to reflect upon the theory and practice of constitutionalism in the world's largest democracy.
Sixteen Stormy Days: The Story of the First Amendment of the Constitution of India
Tripurdaman Singh - 2020
Passed in June 1951 in the face of tremendous opposition within and outside Parliament, the subject of some of independent India's fiercest parliamentary debates, the First Amendment drastically curbed freedom of speech; enabled caste-based reservation by restricting freedom against discrimination; circumscribed the right to property and validated abolition of the zamindari system; and fashioned a special schedule of unconstitutional laws immune to judicial challenge.Enacted months before India's inaugural election, the amendment represents the most profound changes that the Constitution has ever seen. Faced with an expansively liberal Constitution that stood in the way of nearly every major socio-economic plan in the Congress party's manifesto, a judiciary vigorously upholding civil liberties, and a press fiercely resisting his attempt to control public discourse, Prime Minister Jawaharlal Nehru reasserted executive supremacy, creating the constitutional architecture for repression and coercion.What extraordinary set of events led the prime minister—who had championed the Constitution when it was passed in 1950 after three years of deliberation—to radically amend it after a mere sixteen days of debate in 1951?Drawing on parliamentary debates, press reports, judicial pronouncements, official correspondence and existing scholarship, Sixteen Stormy Days challenges conventional wisdom on iconic figures such as Jawaharlal Nehru, B.R. Ambedkar, Rajendra Prasad, Sardar Patel and Shyama Prasad Mookerji, and lays bare the vast gulf between the liberal promise of India's Constitution and the authoritarian impulses of her first government.
The RSS: Icons of the Indian Right
Nilanjan Mukhopadhyay - 2019
Veteran journalist and author of the bestseller Narendra Modi: The Man, The Times, Nilanjan Mukhopadhyay lays bare its fascinating, unique and perhaps startling world. He also chronicles the personal and political journeys of the most important men (and a woman) of the Hindu Right-wing, digging up little-known but revealing facts about them.KESHAV BALIRAM HEDGEWAR: The founder of the RSS, and its first sarsanghchalak, was called ‘Cocaine’ as a young revolutionary, and transported subversive literature and arms for a group back home in Nagpur.VINAYAK DAMODAR SAVARKAR: This leading light of the Hindu Right had once invited the vegetarian Mahatma Gandhi to dinner and told him that unless one consumed animal protein, one would not be able to challenge the might of the British.MADHAV SADASHIV GOLWALKAR aka ‘GURUJI’: The iconic ‘hermit-ideologue’, whose appointment as sarsanghchalak was challenged by many in the RSS, had once warned a protesting colleague, ‘I will throw him out of (the) RSS like a stone in rice...’SYAMA PRASAD MOOKERJEE: A brilliant academic-statesman who became part of Nehru’s Cabinet, Mookerjee had several differences with the prime minister. He once asked Nehru: ‘Are Kashmiris Indians first and Kashmiris next, or are they Kashmiris first and Indian next, or are they Kashmiris first, second and third, and not Indians at all?’BALASAHEB DEORAS: This towering pracharak had a strong dislike for religious rituals, and referred to himself as a ‘Communist’ within the RSS—‘it is highly debatable if he believed in God, or if in any way needed Him.’DEENDAYAL UPADHYAYA: The man who propounded the ‘philosophy’ of Integral Humanism was opposed to the partition of India and recommended that, ‘If we want unity, we must adopt the yardstick of Indian nationalism, which is Hindu nationalism, and Indian culture, which is Hindu culture.’These and other leaders, including Vijaya Raje Scindia, Atal Bihari Vajpayee, Lal Krishna Advani, Ashok Singhal and Bal Thackeray, are all reckoned with in The RSS: Icons of the Indian Right. Through individual stories of the organisation’s tallest leaders, a bigger picture emerges: in spite of a three-time ban on the RSS in a multicultural and secular India—and despite the RSS’s insistence that it has no truck with electoral politics—the group is, and will be, the hand that rocks the BJP’s cradle.
Legal Eagles: Stories of the Top Seven Indian Lawyers
Indu Bhan - 2015
Mukul Rohatgi was unable to secure a place at the Law Faculty, Delhi University. Rohinton Nariman was trained to become a Parsi priest.Legal Eagles examines the lives and times of India’s top seven lawyers, who fought some of the country’s landmark courtroom battles. Tracing their journey from their childhood days to the present, the book highlights the important milestones of their careers, their victories and failures, their influences, and their work ethic and role models, demonstrating that the path to success is paved with determination, grit and challenges. Journalist Indu Bhan gives a ringside view of the most significant case handled by each of these lawyers, including the Vodafone tax case, Coalgate and the 2G spectrum controversy, among others.
Our Hindu Rashtra: What It Is. How We Got Here
Aakar Patel - 2020
What led to this swing? Is it possible to trace the path to this point? Is there a way back to the just, secular, inclusive vision of our Constitution-makers?This country has long been an outlier in its South Asian neighbourhood, with its inclusive Constitution and functioning democracy. The growth of Hindutva, in some sense, brings India in line with the other polities here. In Our Hindu Rashtra, writer and activist Aakar Patel peels back layer after layer of cause and effect through independent India’s history to understand how Hindutva came to gain such a hold on the country. He examines what it means for India that its laws and judiciary have been permeated by prejudice and bigotry, what the breach of fundamental rights portends in these circumstances, and what the all-round institutional collapse signifies for the future of Indians.Most importantly, Patel asks and answers that most important of questions: what possibilities exist for a return? Thought-provoking and pulling no punches, this book is an essential read for anyone who wishes to understand the nature of politics in India and, indeed, South Asia.
Khushwant Singh's Big Book of Malice
Khushwant Singh - 2000
This book brings together some of his nastiest and most irreverent pieces. Witty, sharp and brutally honest, this collection is certain to delight and provoke readers of all ages.
In The Name Of Democracy: JP Movement and the Emergency
Bipan Chandra - 2003
In this fascinating account, Bipan Chandra traces the events that led up to this moment and makes some startling revelations. He finds that there was a real danger of the JP movement turning fascist, given the fuzzy ideology of Total Revolution, its confused leadership and dependence on the RSS for its organization. At the same time, despite the authoritarianism inherent in the Emergency, particularly with the rising power of Sanjay Gandhi and his Youth Congress brigade, Indira Gandhi did end it and call for elections.Finely argued, incisive and original, this book offers significant insight into those turbulent years and joins the ever-relevant debate on the acceptable limits of popular protest in a democracy.
Caste as Social Capital
R. Vaidyanathan - 2019
The establishment and running of businesses tap into caste networks, both in terms of arranging finance and providing access to a ready workforce.By and large, caste has only been studied from a religious, social and political angle. Though it is widely accepted that caste has economic ramifications, any study of this aspect has been limited to looking at caste groups in terms of their per capita income, their representation in various professions, and other statistical details.Caste as Social Capital examines the workings of caste through the lens of business, economics and entrepreneurship. It interrogates the role caste plays in the economic sphere in terms of facilitating the nuts and bolts of business and entrepreneurship: finance, markets and workforce. Through this qualitative view of caste, an entirely new picture emerges of caste which forces one to view this age-old institution in new light.
NANI PALKHIVALA - THE COURTROOM GENIUS
Soli J. Sorabjee - 2012
After a brilliant academic career, he quickly became one of India's most sought after lawyers and remained at center stage for five decades. Famous for his phenomenal power of concentration and persuasive advocacy, he was a supremely successful lawyer. Early in his career, he authored one of the finest commentaries on the law and practice of income tax. His reputation as a constitutional lawyer is deservedly formidable. Between 1965 and 1995, he argued nearly all important constitutional law cases before the Supreme Court of India: Golak Nath, Bank Nationalization, Privy Purses, Kesavananda Bharati, St. Xavier's, Mandal Commission and the Election Commission matter. Palkhivala also represented India in three major international disputes. A man of many parts and strong opinions, he gave critical lectures on the annual budget, which attracted audiences in excess of 1,00,000. Amazingly, he never referred to a single note. An extraordinary human being, he gave generously, but quietly, to charitable causes.This book chronicles Palkhivala's journey as a lawyer and discusses the important cases in which he appeared and that changed the destiny of the country. The book provides a rare insight into his working methods and style of advocacy. No student of law, no lawyer, no chartered accountant, no member of the judiciary and no well-informed citizen can afford to miss reading this book.
Congress-Mukt Bharat
Amit Bagaria - 2021
For the first 92 years, the 135-year-old party was headed by a Nehru-Gandhi family member for only 11 years, even though Nehru and Indira were collectively the PM of India for 28 years. Then things changed. Indira was the party president for seven consecutive years, and succeeded by her son Rajiv Gandhi for six years. After Rajiv’s assassination in 1991, PV Narasimha Rao was party president for five years. Sitaram Kesri was the next Congress president for 18 months. Enter Sonia Gandhi. Barring a 20-month period when her son Rahul held the post, she has been Congress president for 23 years. During her ‘reign’, the party has seen an average 31.6% decline in vote share and a 50.2% reduction in seats in the Lok Sabha. Due to her not allowing a proper election for the post of party president — as was the norm for the first 92 years — the Congress is collapsing. Ever since the Modi-led NDA routed the party in 2014, several Congressmen have been complaining about “lack of effective leadership.” Narendra Modi. Whether you admire him or belittle him, adore him or chastise him, praise him or ridicule him, love him or hate him, no Indian can pretend to ignore the man. Since September 2013, he has been the biggest newsmaker in India . On 15th August 2020, Modi became the longest-serving non-Congress PM of India. The first three chapters of this easy-to-read book are about Congress party’s corruption. The next three analyse the 2019 elections in great detail. Then, there is a chapter about the Left Front and one on the Congress’ performance in each state since Sonia became the chief. The next eight chapters are about Modi, his successes, his failures, and the work he has done in 80 months. The longest chapter, divided into 14 sections, details the successes and failures of India’s 14 prime ministers. “Is Congress Becoming Anti-India” and “Congress-Mukt Bharat” are the final two chapters. The Appendix lays out ‘Agenda 2024’ for India.