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.

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.

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.

Landmark Judgments That Changed India


Asok Kumar Ganguly - 2015
    Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts.In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed.Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.

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.

The Wit and Wisom of Nani A. Palkhivala


Jignesh R. Shah - 2015
    Palkhivala, a multi-talented personality, played diverse roles in his life—lawyer, diplomat, orator, author, political and economic thinker, and social reformer. An advocate of civil liberties, he proactively defended the Constitution and the principles enshrined in it.This book contains select quotations—classified subject-wise under various chapters—from his writings and speeches over six decades of his working life. The book introduces the man through his thoughts and ideas with the aim of inspiring readers, particularly the youth.

Letter to Father


Bhagat Singh - 2019
    His father had requested the courts to look into evidences that would prove his son’s innocence, but the letter only goes on to show why Bhagat Singh is a true revolutionary who paved a new path for Indian Independence.

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.

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.

Delhi Anti-Hindu Riots 2020, The Macabre Dance of Violence Since December 2019: An OpIndia Report


Nupur J. Sharma - 2020
    However, as is perhaps not very politically correct to point out, Islam as a religion calls Muslims to be a part of Ummah, which is to say, that all Muslims belong to the same theological ‘country’ regardless of political borders.That coupled with the intrinsic need of the Left to forever consider the Muslims as the victims, even under imaginary circumstances led to massive riots and violence in India. The perceived wrong here was that CAA left Muslims out, however, the truth was the CAA had nothing to do with Indians at all, let alone Indian Muslims.Another excuse for the rampant violence was that the proposed NRC would snatch away the citizenship of Muslims. That too, was a shameless canard. The NRC, when implemented and drafted, would be aimed to identify and deport Illegal Immigrants, and not Indian Citizens. No country in the world wantonly accepts indiscriminate influx of illegals, but the Left and Islamist nexus burnt the country because that is exactly what it expected of India.While many people wish to look at the Delhi Riots 2020 in isolation, the events that started right from the 1st December 2019 proves otherwise. It proves that the violence was a concerted effort to push Anarchy and Chaos in India. It proves that the Delhi Riots was no anti-Muslim pogrom, it was indeed, a well-oiled plan to tame ‘kafirs’.

The Absent State: Insurgency as an Excuse for Misgovernance


Neelesh Misra - 2010
    What has pushed the country, which has otherwise held together through seemingly insurmountable odds in the past, to the edge? In a series of dispatches the authors unveil the tensions, frustrations, challenges and justifications that are everyday realities in these troubled regions. Civil administrators talk about the widespread misappropriation of development funds in tribal and remote areas; security and police personnel describe extreme confrontations in the face of inadequate training and equipment; rebel ranks and former insurgents reveal how unemployment, lack of education and rampant exploitation have fuelled their defiance against the establishment and encouraged secessionist activities. At the heart of the on-going turmoil, ordinary people mourn the loss of their loved ones ? to starvation, lack of healthcare facilities and militancy ? even as they voice their demand to be heard.

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.

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.

Colours of the Cage: A Prison Memoir


Arun Ferreira - 2014
    Over the next few months, he was charged with more crimes-of criminal conspiracy, murder, possession of arms and rioting, among others-and incarcerated in one of the most notorious prisons in Maharashtra, the Nagpur central jail.This is an account of the nearly five years that Ferreira was imprisoned. We read in stark and unsparing detail about life in prison-the torture, the beatings, the corrupt system, the codes of behaviour among inmates, the strikes mounted by prisoners to protest brutality, the general air of helplessness and the small consolations that keep hope alive.In September 2011, Ferreira was acquitted of all charges and a breath away from freedom when he was re-arrested by plainclothes policemen at the prison gates. He never got a glimpse of his family who were waiting just outside. He began to fight the system all over again, until with the help of courageous friends and activists, he was cleared of all the trumped up charges that had put him in prison.Colors of the cage is the real story of what goes on behind bars-not the celluloid or novelistic version that readers will be familiar with. However, it is not just a gritty, harrowing account of life in prison but also a memoir of astonishing power and grace-about a mans stubborn fight for justice and the triumph of the human will.Arun Fereira gives us a clear-eyed, unsentimental account of custodial torture, years of imprisonment on false cases and the flagrant violation of procedure that passes as the rule of law. His experience is shared by tens of thousands of our fellow countrymen and women, most of whom do not have access to lawyers or legal aid. This country needs many more books like this one.