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Who was Shah Bano and why was her alimony pertinent to India’s Secularism? Does the fundamental right to life include the right to livelihood and shelter? Where there is the right to live, is there also the right to die? How did Bhanwari Devi’s Rape help define sexual harassment at the workplace? Here are the Supreme Court's ten pivotal judgements that have transformed Indian democracy and redefined our daily, lives. Exploring vital themes such as custodial deaths, reservations and environmental jurisprudence, this book contextualizes 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.
Who was Shah Bano and why was her alimony pertinent to India's secularism? Does the fundamental right to life include the right to livelihood and shelter? Where there is the right to live, is there also the right to die? How did Bhanwari Devi's rape help define sexual harrassment at the workplace? Here are the Supreme Court's ten pivotal judgements that have transformed Indian democracy and redefined our daily lives. Exploring vital themes such as custodial deaths, reservations and environmental jurisprudence, this book contextualizes 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 executive, the legislature and the judiciary are the three branches of government, both state and central, in India. 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.
On 12 June 1975, for the first time in independent India's history, the election of a prime minister was set aside by a high court judgment. 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.
| Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil 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.
An incisive and comprehensive view of India’s legal process and its key issues India has the second-largest legal profession in the world, but the systemic delays and chronic impediments of its judicial system inspire little confidence in the common person. In India’s Legal System, renowned constitutional expert and senior Supreme Court lawyer Fali S. Nariman explores the possible reasons. While realistically appraising the criminal justice system and the performance of legal practitioners, he elaborates on the different aspects of contemporary practice, such as public interest litigation, judicial review and activism. In lucid, accessible language, Nariman discusses key social issues such as inequality and affirmative action, providing real cases as illustrations of the on-ground situation. This frank and thought-provoking book offers valuable insights into India’s judicial system and maps a possible road ahead to make justice available to all.
Can a state Legislature imprison a critic and summon a high Court judge to appear before it? Are religion-based personal laws above fundamental Rights? Why did the Punjab police organize a band to celebrate the defeat of the state in a case of sexual harassment? Is it legal for the government to arm untrained private citizens to participate in counter-insurgency operations? How did Parliament come to pass the first Amendment to the Constitution allowing for caste-based reservations? And why did the Supreme Court acquit a rape accused on the basis of the victims sexual history? In this book, constitutional expert chintan chandrachud takes us behind the scenes and tells us the stories of ten extraordinary and dramatic legal cases from the 1950s to the present day that have all but faded from public memory. Written in a lively, riveting style, this book has a cast of characters that includes the who s who of the Indian legal system. It also paints an unexpected picture of the Indian judiciary: the Courts are not always on the right side of history or justice, and they don t always have the last word on the matters before them. This entertaining book is an incisive look into the functioning of Indian institutions.
Harish Salve failed his CA exam twice. 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.
'An outstanding effort' - Chief Justice Venkatachaliah 'An extraordinary book' - Fali S. Nariman 'Unputdownable' - Ashok Desai First published in 2001, Courts and Their Judgments soon became a pioneering work on the subject. It raised important questions on the functioning of our judiciary - questions that continue to be as relevant today. Do judges merely enforce and interpret the law? Or do they at times interpolate words into statutes, even into the Constitution? Where does interpretation end and rewriting commence? How is it that in one judgment a court declares that it is the right of ministers to determine how far and in what direction a criminal investigation shall be carried, and in another the same court, indeed the same judge, decides to as good as monitor an investigation? How is it that in some cases a court delves into detailed facts that do not just bear on the case, but on why a law was passed, and in another the same court lays it down as a principle that facts need not be considered once the legislature has passed a law? The failure of other institutions to discharge their duties has compelled the courts to step far outside their traditional role. In doing so, have they stretched the law and Constitution too far? Has the intervention been effective? Courts and Their Judgments looks at judicial activism through some brilliantly argued cases and at the need for and pitfalls of such overreach. With its searing answers, evidence, dissection of judgments on these and other issues, the book remains a must-read for strengthening the country.