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.

10 Judgements That Changed India


Zia Mody - 2013
    Exploring vital themes such as custodial deaths, reservations and environmental jurisprudence, this book contextualises the judgements, explains key concepts and maps their impacts. Written by one of India's most respected lawyers, "Ten Judgements That Changed India" is an authoritative yet accessible read for anyone keen to understand India's legal system and the foundations of our democracy.

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.

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.

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 Argumentative Indian: Writings on Indian History, Culture and Identity


Amartya Sen - 2005
    The Argumentative Indian is "a bracing sweep through aspects of Indian history and culture, and a tempered analysis of the highly charged disputes surrounding these subjects--the nature of Hindu traditions, Indian identity, the country's huge social and economic disparities, and its current place in the world" (Sunil Khilnani, Financial Times, U.K.).

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 Arthashastra


Chanakya
    It identifies its author by the names 'Kauṭilya' and 'Vishnugupta', both names that are traditionally identified with Chanakya (c. 350–283 BC), who was a scholar at Takshashila and the teacher and guardian of Emperor Chandragupta Maurya, founder of the Mauryan Empire. The text was influential until the 12th century, when it disappeared. It was rediscovered in 1904 by R. Shamasastry, who published it in 1909. The first English translation was published in 1915.Roger Boesche describes the Arthaśāstra as "a book of political realism, a book analysing how the political world does work and not very often stating how it ought to work, a book that frequently discloses to a king what calculating and sometimes brutal measures he must carry out to preserve the state and the common good."Centrally, Arthaśāstra argues how in an autocracy an efficient and solid economy can be managed. It discusses the ethics of economics and the duties and obligations of a king. The scope of Arthaśāstra is, however, far wider than statecraft, and it offers an outline of the entire legal and bureaucratic framework for administering a kingdom, with a wealth of descriptive cultural detail on topics such as mineralogy, mining and metals, agriculture, animal husbandry, medicine and the use of wildlife. The Arthaśāstra also focuses on issues of welfare (for instance, redistribution of wealth during a famine) and the collective ethics that hold a society together.

The Discovery of India


Jawaharlal Nehru - 1991
    One of modern day's most articulate statesmen, Jawaharlal Nehru wrote a on a wide variety of subjects. Describing himself as "a dabbler in many things," he committed his life not only to politics but also to nature and wild life, drama, poetry, history, and science, as well as many other fields. These two volumes help to illuminate the depth of his interests and knowledge and the skill and elegance with which he treated the written word!!

Republic of Rhetoric: Free Speech and the Constitution of India


Abhinav Chandrachud - 2017
    Abhinav Chandrachud suggests that colonial-era restrictions on free speech, like sedition, obscenity, contempt of court, defamation and hate speech, were not merely retained but also strengthened in independent India. Authoritative and compelling, this book offers lucid and cogent arguments that have not been advanced substantially before by any of the leading thinkers on the right of free speech in India.

TO THE BRINK AND BACK: India's 1991 Story


Jairam Ramesh - 2015
    The book, The Brink and Back, is an account of the events leading to the path-breaking economic liberalisation unveiled by Rao’s government with Manmohan Singh as the Union finance minister

Malevolent Republic: A Short History of the New India


K.S. Komireddi - 2019
    The ‘invisible threads’ Nehru said held together an improbable union divided by language, religion and ethnicity have snapped under the burden of Modi’s Hindu-supremacist rule.In this blistering critique of post-Independence India from Nehru to Modi, K.S. Komireddi charts the unsound course of Indian nationalism: its cowardly concessions to the Hindu right, convenient distortions of India’s past and demeaning bribes to India’s minorities. He argues that the missteps of the nation’s founders, the mistakes of Nehru, the betrayals of his daughter and her sons, the anti-democratic fetish for technocracy inaugurated by Narasimha Rao and carried to the extremes by Manmohan Singh—all of them laid down the road on which Hindu nationalists rode to absolute power.Hindu bigotry, ennobled under Modi as a healthy form of self-assertion, has reopened old fissures that threaten to devour India’s hard-won unity. Yet bad times have also smashed the citizenly complacency that brought India to this point. There are multitudes who now realise how extraordinary and brave the idea of India was to begin with; there is a resurgent struggle against its extinction, and the assertion of new voices to wrest the republic from the forces of religious majoritarianism.A short history of the modern Indian nation, Malevolent Republic is also an impassioned plea for India’s reclamation. ‘Kapil Komireddi is one of the most thoughtful and thorough journalists writing today. His range of interests is impressive in its breadth and cosmopolitanism; his is a rare voice that can comment on global affairs from a truly comparative perspective.’ AMITAV Ghosh ‘Kapil Komireddi is a write of flair, originality and, above all, an absolute independence of mind … His ability to see through posturing and prejudice makes his work both distinctive and compelling. This book deserves to be widely read within India and beyond.’RAMACHANDRA GUHA

Watershed 1967: India's Forgotten Victory Over China


Probal Dasgupta - 2020
    The sole India–China conflict that remains etched in our collective memory is the 1962 war, which India tragically lost. But five years later, in 1967, India and China faced off once again in the heights of Cho La and Nathu La at the Sikkim border.This time, overcoming the odds, India triumphed. The fallout of these forgotten battles was immense. China shied away from actively allying with Pakistan and the US during the 1971 India–Pakistan war. And despite several stand-offs in the half century since then, Beijing has never again launched a military offensive against India. This incredible book tells us why these battles ushered in an era of peace.Full of thrilling international intrigue and nail-biting battle scenes, this book is based on extensive research and interviews with army officers and soldiers who participated in these historic battles. It aims to rectify a blind spot in history and shine the spotlight on a story of incredible bravery that India should be proud of.

An Uncertain Glory: India and Its Contradictions


Jean Drèze - 2013
    After India gained independence in the year 1947, she decided to adopt a political system that was democratic in nature and involved the existence of several political parties and many political rights. The end of the colonial era saw the disappearance of the continual famines that were striking India. Instead of stagnation, India began to witness growth in her economy, making her eventually rank at number two in the list of fastest growing economies in the world. Even now, though India's economy has dipped slightly, it still has one of the highest growths in the world. An Uncertain Glory: India and its Contradictions is a book that has the opinions of two of India's leading economists, Jean Dreze and Amartya Sen, who highlight the major problems that the country faces at present. These two experts stress on the need to have sound knowledge concerning the deprivations of humans in India.