The State of The Nation

by Fali S. Nariman

A definitive, analytical and meticulous account of the present state of the nation – from a constitutional perspective – by one of India’s most respected legal luminaries.

An ardent defender of the Constitution of India, Fali Nariman has today attained the status of an outstanding lawyer who strongly believes in the rule of the law and stands by his convictions. In this timely volume, the author highlights crucial issues that the legislature, the executive, judiciary, the bar and the common people have to deal with virtually on a day-to-day basis. His main focus is on corruption at various levels and in ‘hallowed’ institutions, including the judiciary.

The author contends that the legislative and executive wings of the government – the elected representatives of the people – were (and are) expected to provide for the welfare of the people. He points out that they have failed miserably simply because making of laws is not enough; applying and enforcing laws – which are also the primary duties of the government – have left much to be desired. Consequently, it is the judiciary that tells the government when and how to distribute excess food, what crops to grow and what not to grow, which economic projects are good for the country and which are not, and what fuel should be used in our vehicles and whether 2G/3G licenses should be allotted only through auctions! The judiciary is hence accused of overreach!

The contents also throw light on other important subjects such as: the implications of reservations for certain sections of the population (including minorities); the true purpose and significance of the Constitution; Centre–state relations; and whether the Constitution has benefited the common people over the years.

This is a book that is absorbing as well as thought-provoking that will make the readers put on their thinking caps.

Genres: India, Law, Politics, Nonfiction, History, Political Science, Legal

412 pages, Hardcover

First published January 1, 2013

About the author

Fali Sam Nariman is a distinguished Indian Constitutional jurist and senior advocate to the Supreme Court of India since 1971 and has remained the President of the Bar Association of India since 1991.Nariman is an internationally recognised authority on international arbitration. He is one of India's most distinguished constitutional lawyers and he has argued several leading cases.He remained Additional Solicitor General of India May 1972- June 1975.

He has been awarded the Padma Bhushan (1991), Padma Vibhushan (2007)and Gruber Prize for Justice (2002) and has remained nominated member of the Rajya Sabha, the Upper House of the Parliament of India for a term (1999–2005).Also honoured by NDTV among the 25 living Indian legends on December 14, 2013.

Born in 1929 in Rangoon to Sam Bariyamji Nariman and Banoo Nariman, Fali did his schooling from Bishop Cotton School, Shimla. Thereafter he studied B.A. (Hon.), in Economics and History from St. Xavier's College, Bombay (now Mumbai), followed by a Law degree (LL.B.) from the Government Law College, Mumbai in, 1950, after standing first in the Advocate's Examination and been awarded the Kinlock Forbes Gold Medal and Prize for Roman Law & Jurisprudence.His father initially wanted him to write the Indian Civil Service Examination. Since he could not afford it at that time, he chose law as his last option.

Nariman started his law practice at the Bombay High Court. After practicing for 22 years, he was appointed a Senior Advocate in the Supreme Court of India in 1971, a position he retains to date. He said that "My senior's senior, Jamsetjee Kanga was my mentor. He was like a father figure to me. He died at 93 and he is the one who, at the age of 92, told me that he was still learning. He had a tremendous memory and so does my son Rohinton. He was an Ordained Priest and so is Rohinton."[8]

Nariman was instrumental to the development of the Indian Constitution's Law. Nariman was Additional Solicitor General of India from May 1972 to 25 June 1975, resigning from that post upon the Declaration of Emergency on 26 June 1975.

Nariman argued in favour of Dow chemicals (the owned by Union carbide) in the infamous Bhopal gas disaster case, which he admitted as a mistake in recent times.He was instrumental in getting a deal between victims and the company outside court, which offered an amount of $470 million to the victims. He also argued in the famous case of the Supreme Court AoR Association, in which the Supreme Court took over the appointment of judges in the Higher Judiciary. He also appeared in many important cases like Golak Nath, S.P. Gupta, T.M.A. Pai Foundation, etc.

Nariman is the recipient of the Padma Vibhushan (in 2007) and Padma Bhushan (in 1991), respectively the second and third highest honors granted to civilians by the President of India. Both awards were for Nariman's contributions to jurisprudence and public affairs. Nariman was awarded the Gruber Prize for Justice in 2002.He dedicated his awards to his alma mater Bishop Cotton School in Shimla.

His books serves as an outstanding scholarly treatise on the Constitutional Law, its interpretation and application. His concern as a citizen of India laces all his writings and remains an inspiration for every student of Indian Law.

Reviews

[Riku Sayuj · Rating 5 out of 5]

Common Man's Umbrella

This book was an Independence day gift to myself and it has turned out to be a good choice. In Nariman’s exploration and assessment of various issues based on constitutional tenets, the ‘state of the nation’ seems healthy only when these issues collide with the courts of law. Men seem good, reason seems triumphant and government officials and leaders seem to be the arbitrary children that they actually are, but all without feeling that this is cause for a tragic gloom - because the parent is around to discipline them. We need the courts to overreach, Nariman seems to be saying in all earnestness (with his characteristically profligate smattering of exclamation marks in the text).

It has to be admitted that there is a genuine (almost perverse) pleasure in seeing leaders who are consistently acknowledged to be the scourge of modern India being put in their place, being given a public reassessment of their sense of importance. This is what Nariman provides (drawing heavily on his 60 odd years of experience at the bar) through his numerous anecdotes and mini case-studies - this is also what the courts Vs government drama provides to the common man. It allows us to generate a healthy skepticism of the government and moves us away from the ‘mai-baap’ mentality. The highest courts play a vital role in this.

While the Govt might see this as an erosion of credibility, and resent this incursion and ‘overreach’ Nariman seems to say that this is exactly what the doctor (constitution) ordered in the first place: what a good governance really requires are institutions that have full cognizance of their own fragility and of their own failures.

Thus the majority of the book enumerates the state of the nation using the Constitution as a yardstick and seems to imply that as long as we have wise men in the courts acting as zealous watchdogs of the Constitution, democracy is safe and if not progress, at least regress is effectively checked.

So while saying in not as many words that the state of the nation is bad but could have been much worse if not for the courts, Nariman has the conscientiousness to also examine his beloved judiciary itself. And to his credit, he does a remarkable objective and unbiased take on it. The last chapter is almost ominous, and almost certainly deliberately exaggerated. The spirit of the chapter is that if the nation, Constitution and democracy is being guarded by the judiciary, we need to ask every now and then the clichéd question: ‘who will watch the watchmen’. And we need to be very very aware of the real and present dangers.

But in the end, I have not let the brooding last chapter detract from the overriding confidence that the book asks of me towards the judiciary and by proxy to the nation and its ‘state’. Every section in this book begins with one of the political cartoons of the legendary ‘common man’ (from the series of iconic sketches by Laxman who used to express the 'state of the nation' more powerfully than what many serious journos ever managed - a role that the amul ads now seem to be valiantly trying to fill) that illustrates poignantly some of the issues that Nariman wants to address in it. The last chapter did not have one, presumably because he could not find one. In the end, that lack of a cartoon was the most telling thing for me.

[Parambir · Rating 5 out of 5]

1. This is the second book by Fali that I have read and, like the first one, 'Before Memory Fades', enjoyed reading immensely.I like his direct, free and candid style.That he is an authority on Constitutional Law is well established and there could not have been a more appropriate time, such as we live in, for him to have come out with a book that reflects the actual state of the nation........and so aptly titled!
2. The book divided into Six Chapters deals with various aspects of the 'nation' with reference to the provisions of the Constitution as they relate to the functioning of the Legislature, the Executive and the Judiciary and how such functioning, or the lack of it, has impacted the 'nation' and its citizens in the over six decades of the existence of our Constitution. Among the important issues touched upon are reservations in education and appointments in Govt jobs, the Centre-State relations, fundamental rights, corruption, the higher judiciary and whether the working of the Constitution has really benefited the common man for whom it was framed in the first place. To put across his point Fali has quoted extensively from the Constitution, case laws not only of the Supreme Court of India but also parallels drawn from judgments of US Courts and eminent jurists. This indeed makes for very interesting reading.......though heavy stuff for those not particularly interested in law.
3. It would be great if the pertinent issues raised by Fali are addressed by the people who run this country, since as he says," power has overtaken ability; we have fallen on evil days; there is a crisis of competence along with lack of integrity in almost all fields of activity- more markedly in political; and the entire country is submerged in a tidal wave of corruption"
4. I feel all of us should read this book if only to understand why certain things happen/have happened and will continue to happen the way they did/do and will continue to do so, in our country, unless we change ..... or force a change!
JAI HIND.

[Abhi · Rating 4 out of 5]

A critique of the workings of the Indian nation, constitution, and most importantly the judiciary by a legal luminary who was also the the Additional Solicitor General of India in the early 70s. Fali S. Nariman offers an understanding of the most crucial cases in India legal history, from Golaknath and Kesavnanda Bharati, to TMA Pai Foundation, and IR Coelho in order to bring us up to speed with the State of the Nation in 2012/13. He also discusses the problems of corruption in the state, especially the higher judiciary and the importance of maintaining the integrity of the Supreme Court, which has recently come under doubt. Thus, making this book a great primer on the perils of judicial indiscretions.

That being said it's also a personal memoir of sorts as Fali Nariman was personally present as an advocate, for or against, the cases being considered in the Supreme Court of India. This brings a nice flavour as the author takes time to mention a lot of tidbits and asides about the pivotal people in the journey so far, be they former Presidents, former PMs, or former Chief Justices of India.

All in all a great introduction to the Indian nation and Constitution peppered with a lot of perspective from British and American law. Both of which have, over the years, influenced a number of key cases in the Supreme Court.

[Amith · Rating 5 out of 5]

This book narrates the story of the Indian Constitution — its genesis, the values that it stands for and it evolution since enactment. The author takes us through some of the landmark verdicts delivered by the courts, the various power struggles between the three pillars of the government and presents an honest take on one of the biggest problems facing the nation today — general all-pervasive corruption. While the book is difficult to follow in a few places, maybe because the author assumes the reader to have some knowledge of the cases discussed, it is fairly approachable. The position of the constitution on important issues such as reservations, minority rights etc. are discussed and it gave me a sense of how this huge, complex and overloaded system called Indian judiciary functions. A must read for every informed Indian!

[Rohin Dubey · Rating 3 out of 5]

Mr. Nariman has had a long standing and illustrious career in the legal field and this book is a testament to his learning. A major portion of the book is really just a crash course in constitutional law, and the last bit deals with corruption: be it in the political world or in the higher judiciary.

It is highly accessible unlike most legal texts. However, do be aware that a rudimentary understanding of the Constitution of India is required to appreciate the scope and depth of what Mr. Nariman has to say on the subject. The true let down of this book (and the reason it gets 3 stars if not 2) is that a textbook could give you most of the information he does albeit in a more cumbersome form. When reading literature written by eminent jurists who have been part of the 'legal club', one would expect behind-the-scenes narratives yet 'The State of the Nation' seems to fall terribly shot of this expectation.

Having said all that, there are some stories that will keep you amused, and others informed. If you're looking for a quick read into the state of the nation from a purely constitutional perspective, then this book will help kick start your legal education.

[Lalitha · Rating 4 out of 5]

4.5 stars really for such a fine book on the Indian judiciary. Most Indians shouldn't need an introduction to this great man. Not only is he a renowned jurist in India but also outside.

In this book, Nariman describes the basis on which the constitution was formed. He also describes the difficulties, conundrums and the solutions of some of the articles of our constitution. He touches upon some of the landmark cases of our country although apart from of the few of them, I wasn't aware of the background of others. He of course gives an elaborate citation list which is also very useful for a lay person such as I. He doesn't shy away from rightly taking on the side of the common man and if needed even discussing the drawbacks of our parliamentary procedure and even our judicial system.

Our country is the largest democracy in the world and we have the world's longest constitution. It is a project in works as pointed out by Nariman but as long as we have people like him at the judiciary, one cannot lose faith in it. A highly recommended read.

[E.T. · Rating 4 out of 5]

3.5/5 Recently, I have been very interested in reading political philosophy - liberty, equality, fundamental rights, welfare, fraternity, justice etc etc. Should add that I have seen "Samvidhan" by Shyam Benegal on our constituent assembly debates thrice. Will also recommend the superb podcast "A New republic" by Sidin.
This book is an excellent lucid, readable account of the implementation of India's Constitution and how it has fared. Very rarely did I feel lost as d legal jargon was minimal. Notable was the section on corruption in the judiciary. Was surprised to see how the Supreme Court has changed interpretation and stance of the constitution along with the times.
Will also be reading d other 2 books written by d author.

[Amaruvi Devanathan · Rating 4 out of 5]

For a layman to understand, to a reasonable extent, the structure of the Indian constitution and its nuances, the ‘real’ meanings of many of the terms that we have come to take for granted and the way the Indian republic has progressed since 1947 and the changes that have gone into the constitution since then, is a humungous task.

And the fact that I, as a layman, was able to reasonably understand all of the above is a grand testimony not to my intellectual ability but to the lucid presentation of the material by its eminent author, Fali.S.Nariman.

A renowned lawyer and constitutional expert that he is, Nariman has opened my eyes to see the extremely tricky aspects of the longest written constitution in the world – the Indian constitution.

How the makers of the constitution intended some aspects of the document to be, how the subsequent governments got the original intent watered down, how in spite of wholeheartedly ill-intentioned governments trying to water down the pillars of the constitution some well intentioned the judges have ensured that the spirit of the founding fathers has been maintained intact more or less – all these are elucidated in great detail in this treatise, ‘State of the Nation’.

Nariman also presents, with relevant examples, the different instances wherein the President, the Parliament, the executive and the judiciary had tried to exert their independence ( or superiority, should I say ?). And that part reads like a thriller.

We also get to know some snippets from history that we might not have been privy to, like :
•The first President Rajendra Prasad’s tussle with Pandit Nehru and his wish to assert his Presidency
•How Raj Narain won the court battle against Indira Gandhi and challenged her election and what Indira Gandhi did, in haste, to amend the constitution just before declaring emergency
•How even the fundamental rights were denied by Indira Gandhi citing a constitutional amendment and how the subsequent Janata government amended that saying ‘even in case of an emergency’ the fundamental rights cannot be denied to citizens
•The working styles of the different presidents V.V.Giri, Sharma, Narayan, Venkatraman, Zail Singh and Kalam
•How Kalam indirectly asserted his Presidency by not following the prepared text and resorting to a Tamil poem that he himself had written exhorting the parliamentarians to do their jobs and not stage walk-outs for the flimsiest of reasons
•How Pandit Nehru didn’t have money for his tea in 1935 after an electon campaign and how he and Lal Bahadur Sastri had to count the different coins that they had to pay for their cups of tea at a railway canteen
•How Pandit Nehru had asked the Allahabad administration to raise, by five times, the annual property tax that was levied on his ancestral home

Fali S. Nariman has had the ring side view of things and he explains his thought process with ample references to various judgments of the US Supreme Court, leading British jurists and even the then Chief Justice of Pakistan.

A great read for anyone who is interested in the working of the Indian constitution.

[Siddhartha Shankar · Rating 4 out of 5]

An excellent read - its like borrowing perspective of a erudite man.
Very well researched commentary building up to its critical mass steadily never losing sight of the running commentary progression on the current "state"of affairs.

It is content heavy(with equally vibrant 'references' approx 20% of the volume!). It deals with topic like corruption, the coalesce of states into a nation, strength/falling of national leaders etc. Few topics but thoroughly dealt with.

A measured pace of narration makes the reads relate via a lucid manner assimilating perspectives(with crisp & straight opinions always refraining from getting overboard or overwhelmed.

[Saurabh Pandey · Rating 4 out of 5]

This was the second book by the author which I read and it contains all the details about the state and its functioning from the legal point of view. It contains a detailed study of constitutional issues and can be helpful in enhancing your knowledge especially of constitutional matters.
This is a must-read for anyone who wants to learn in detail about the constitutional machinery and its working in accordance with the law of the state.

[Parth Agrawal · Rating 5 out of 5]

This is my first endeavour on this particular subject i.e. Law and who would be a better narrator than Mr Fali S Nariman, very popularly known as the Dean of the Indian constitution. One very unique thing about this book was that the references have been published extensively and that too after every chapter! I suppose old habits die hard after all

The first confusion that I would like to mention here, that I had which has been cleared comprehensively is that of the Bar Association/ Bar Council. This group consists of lawyers only guys who are like a trade union of lawyers. What's unfortunately unique about any council is that they can do very little about the judges i.e. even if they know that the judge is involved in malpractice, they cannot issue a resolution against them as per the judgement in C Ravichandran Iyer Vs A. M Bhattarcharjee. The court has clearly pronounced in this case that if a Bar Council has any issues with any judge, then they need to submit their resolution to the Chief Justice of the High court of that state and if the issue is regarding the Chief Justice of the High court itself, then they need to submit the resolution first to the CJI. From there on, the respective Chief Justice will take 'reasonable time' and will come up with a verdict. I personally found this very disturbing as even if we leave the content of the message aside, the tone itself doesn't sound urgent enough

'Contempt of Court/ Scandalizing the Court'-> This attracts a lot of media attention the obvious corollary of which means that people are interested in it too. Let me tell you the history of this concept first. In 1765, there was a justice in America, Mr J E Wilmot. The case was John Wilkes case. The judgement of this was never pronounced because as per the case, the title of the writ(case) was wrong and at that time, the only recourse when such a case used to arrive was to get the assent of of both the parties to start the case afresh. Both the parties refused and thus the case was scrapped. In this case, in some instance, Mr J E Wilmot felt that the allegations being put by both the parties on the court were scandalous in nature and is very close to outright impertinence. I guess the offence taken by the judge can be easily understood as judges, since those times, have always been referred as 'Lordships'. This idea that a non-living body of court can be offended was published many years later by his son in a book about his father. Since then, we can see as to how far have we come

The last thing that I would like to bring about is the importance of responsible judiciary in a functioning democracy. Our friendly neighbor Pakistan got independence with us but it has been very unfortunate in many cases. In 1947 they got independence, in 1948 Mr Jinnah died. The Constituent Assembly of Pakistan which was tasked with the formation of Constitution, was dissolved by then Governor General Ghulam Mohammad. In 1951, the first PM of Pakistan Mr Liaquat Ali Khan was assassinated. From 1947-1956, Pakistan was governed by the Government of India Act, 1935 which established under the united British era. Then came the new President Mr Iskander Mirza under whom a constitution was promulgated which changed the whole model of governance of Pakistan from Parliamentary to Presidential form of government. Then he appointed Chief of Army staff General Ayub Khan as the Chief Marshall administrator. He himself sent away President Iskander Mirza in exile and imposed marshal law and promoted himself to the post of Field Marshal. General Ayub Khan voluntarily passed away the baton to General Yahya Khan in 1969 and the new General abrogated the constitution of 1962 and imposed martial law. In 1971, Bangladesh got independence from Pakistan and using this turmoil to his advantage, Zulfikar Ali Bhutto became the PM. His government brought back the Parliamentary form of government through promulgation of new constitution in 1973 which was again abrogated when General Zia-Ul-Huq ousted the PM. He continued till 1988 and meanwhile also ensured that the capitol punishment awarded to Zulfikar Ali Bhutto was seen through. In 1989, Benazir Bhutto came to power but was again removed by the then President Ghulam Isaq Khan. In 1990, came Nawaz Sharif and since then till 1999, both Nawaz Sharif and Benazir Bhutto kept exchanging their post of PM until finally, General Parvez Musharraf ousted the government once again

You must be wondering 2 things:
1) How can the ruling elite of a country can be so childish and stupid??!!!
2) Why the hell am I telling you all this nonsense??

I cannot answer Q1 I'm sorry, but I can answer the second one. In the all the instances above, whenever the constitution was abrogated, the legality of the new rule or the constitution was always taken up to the Supreme Court. Since the Supreme court declared the hostile take over of governance as constitutionally valid, this set the precedent for the coming generations. I don't know how can someone in their right mind endorse a hostile takeover of a country's governance but it brings us to the point of importance of responsible judiciary and as far as India is concerned, it can only be achieved through education and moral values being taught to our posterity otherwise once the precedent gets set, people accommodate themselves around it.....

[Sai Chand · Rating 5 out of 5]

Brilliant read.

Constitution, the role of judiciary in 'protecting' the basic features of the Constitution, some judgements which are not objective, corruption in the higher levels of judiciary - are the topics covered in the book.

An engrossing read - can be completed in one go.

[V · Rating 5 out of 5]

This is the book Zia Mody wanted to write with her '10 Judgments...' book. Love his anecdotes of Indian history (and the detailed footnotes lol, bought 3+ books from the list). Ofc, I read this as an amateur Indian history enthusiast who likes law but hasn't studied it formally. Things I liked:

- Interesting how much Indian jurisprudence is drawn on the American and British experience. Loved the depth of understanding he has about multiple countries' political and legal histories

- Helpful descriptions of the background and history to multiple historic events: the Mandal Commission, Keshavananda Bharati, Shah Bano, Federalism etc.

- Have heard this from others too, but the expansive role the Supreme Court has set for itself is pretty cool - it doesn't merely interpret the law, but develops new law where it thinks the legislature has not provided direction

- Loved the descriptions of the founding of the country and how the Constitution developed. Long overdue, but must read the Constituent Assembly Debates back-to-back at some point...

- Really must begin read memoirs of the first set of civil servants, politicians and judges. Starting Justice Hidayatullah's when I get it in a few weeks.

- The ending, where Nariman talks about the Pakistani and Bangladeshi experience was fascinating - almost as if South Asian political history had a nice natural experiment set up. It seems that the primary reason why India has been much more successful in maintaining a constitutional democracy is truly because the founding fathers built trust in our institutions for a period long enough that violating the norm became difficult. If the issue in Pakistan, as Nariman believes it to be, is the frequent imposition of martial law and the upholding constitutional validity by the Pakistani SC, then it seems that India escaped purely because Nehru, Shastri and others didn't do so. In Bangladesh, it was in 1974, 1 year after its first election; and in Pakistan, it took 6 years after independence in 1953 (the Constitution was not written till 1956). Meanwhile, in India, it took 30 years, 5 election cycles later - the people had a basis for what a peaceful transfer of power would look like. Imagine this for India: what if we had an Ayub Khan or a Mujibur Rahman running the country post independence? Would India look the way it does today?

Highly recommend.

[Sateesh · Rating 3 out of 5]

An excellent read on Indian Constitution and judiciary that deals with constitutional law (which is the Superme court). This book provides insight into the various social and political aspects that went in while framing the Constitution and forces in play that triggered some of the amendments to it, and role of judiciary in influencing the constitutional changes. Reading this book provides a hope: that though the powers of legislative and executive class is pervading and vastly powerful many a times judiciary had come to aid to uphold fundamental tenets of the constitution.

The first four chapters are an excellent read covering the fundamental tenets and articles of Indian constitution, landmark judgements that triggered discussions on some aspects of constitution and thus affected course of the constitutional law in this regard. The last two chapters are a general discourse on corruption with the last chapter focusing on corruption in the higher echelons of judiciary. These last chapters are read more like an journalistic read and I didn't find it as insightful (probably not much insightful can be written about the malady corruption) as the earlier ones. Hence the 3 stars. I would recommend reading the first four chapters and skim through the last two.

[Sudarshan · Rating 4 out of 5]

Insightful commentary from one of the foremost legal luminaries in India.

Justice Fali Nariman takes us through a guided tour of the Constitution of the Republic of India. Although the title is about the State of the Nation it’s focused more on how the Constitution has fared in the life of a then sexagenarian republic of India.

There is high praise for the constitutional bodies in India and at the same time scathing criticism of the very same functionaries (during Emergency). Justice Fali doesn’t talk about that Pandora’s box within the Constitution which is the Ninth Schedule. His views on the frequency with which the Constitution has been amended is also absent.

It’s full of nuggets of wisdom gained over 50 years of being a practising Advocate in India, right from post-independence to more recent times. His observations on how the Supreme Court’s views have evolved on a wide variety of issues like Right to profess religion, free speech, reservations etc are most enlightening.

All in all, there is much to be learnt about our nascent nation’s Constitution and its functionaries from this book.

[Shuvam Mishra · Rating 5 out of 5]

This book is a must-read for any individual who wishes to understand how and more importantly, why the judiciary does the things it does in India. Fali Nariman does an excellent job in making the book gripping, all-absorbing and intellectually stimulating. Relevant examples from both personal and shared public experience aptly supplemented by Nariman’s splendid choice of words should offer relief to anyone who thinks that the book can only be read by students of the law or lawyers themselves. In my humble opinion, this book should be recommended, in particular, to students who are entering or are currently enrolled in University. The short notes at the end of the making and unmaking of the Constitutions of Pakistan and Bangladesh were a welcome addition!

[Prakash Holla · Rating 5 out of 5]

A fine effort

Author tries to put forth both legal and social perspective and prospects of the nation based on his own long professional and social experience/exposure. Though the legal jargon/facts make it a tad tedious for some but the substance and underlying significance makes it worth while. The last chapter giving brief political rundown of our siblings Pakistan and Bangladesh makes it possible to understand our political resilience so far..

[Jey Kumaran · Rating 4 out of 5]

An honest, visionary account on the state of affairs in the country. Case for the highest level of accountability and transparency in the Judiciary on which the common man continues to pose faith has been well emphasized!

[Vikash Anand · Rating 5 out of 5]

Good book to understand the constitution, the judicial system and the government administration

[Saurabh Singh · Rating 4 out of 5]

“The state of the nation” by octogenarian lawyer cum author is a contemplative book on social, legal and constitutional issues contributing to the present state of India. In all there are six chapters which, considering the nature of the work, at least deserve a brief mention. Thus first chapter consists of mostly constitutional and legal discourse on historical and current state of the Nation in social, religious, cultural and educational spheres, sprinkled with fresh insights from the author.

Second and third chapters delve into important constitutional provisions viz., Preamble, Fundamental rights, Directive principles of state policies (DPSPs), judicial review, Federalism and other similar topic. Certain elaborations such as On Justice, Liberty, evolution of Basic structure doctrine, deserve special mention for deep insights provided by the author.

Coming to Chapter four “Have we forgotten the common man”, with an interesting title the chapter starts beautifully, with emphasis on DPSPs, but loses focus and grip by focusing too much on education while neglecting other DPSPs. Also Mr. Nariman fails to appreciate and analyze that many suspected pious homilies i.e. DPSPs have indeed been implemented, 73rd and 74th constitutional amendment for rural and urban local governance, for instance.

Penultimate and last the chapter deal with talk of the town topic i.e. Corruption. Last chapter focuses on corruption in higher judiciary and is informative, enlightening and my favourite among the lot. Here author's 60 years of legal practice! Is in full display, as he eloquently diagnoses the contentious topic of corruption in High courts and Supreme Court of India. Mr. Nariman's incisive acumen on "Contempt of court" misuse is specially revealing. Lastly an informative appendix on tortuous constitutional history and evolution of Pakistan and Bangladesh, puts thing in perspective and enables readers to better appreciate the state of India in the light of its less fortunate neighbors.

Mr. Fali S. Nariman, digging into his lifelong legal experience, has generously enriched the book with real life examples, judicial cases along with his experiential wisdom to logically support his arguments. Moreover, "common man" cartoons of the uncommon man R.K Laxman provide much needed comic relief, amidst serious topical deliberation, apart from setting the tone for the topic. Also Notes are information rich and provide holistic understanding to the readers.

Though there “may be” some occasional monotony for readers who are well versed in Indian constitutional provisions (though “The state of the nation” is much more than mere elaboration of bare constitutional provisions) and also for casual reader due to liberal usage of constitutional articles, court cases.

Finally it’s not a casual read and will tax your mind (in a positive way). So if you are up for serious contemplation on some seemingly lofty yet compellingly practical issues facing India then go for it as "The State of the Nation" is a no-nonsense book, by an eminent jurist, on no-nonsense issues.

PS: After reading this interested readers can also read “Introduction to the constitution of India” by Durga Das Basu- a masterpiece for lucid understanding of Indian constitution.

[Venkat Krishna · Rating 4 out of 5]

Fali Nariman is a legal luminary of India , This book presents an insight into the various aspects of Indian body polity, legislature , executive, Judiciary , the civil society . Mr Nariman has a very engrossing style of writing and his flair of words is visible through his writing. He illustrates the issues with various judgments and comparisons with US/UK legal traditions as well as quotes them. Being a lay person , these illustrations are not heavy and that's where Mr Nariman keeps the narrative open to all. He consistently opines the same when he critiques the Judges for writing lengthy,verbose judgments !
He also presents the prevalent malice of Corruption in our polity and offers some solutions in the pages of this book. He also deals with the corruption of higher judiciary and presents some ways in which they can be handled. Overall the book is a very interesting read for anyone who is interested in Indian polity.

[Vikas Datta · Rating 4 out of 5]

An incisive constitutional history of modern India - with the necessary heritage - and some challenges and issues facing the nation from a respected and renowned legal luminary, who had professional involvement in some of the episodes described and dissected here. Makes for some illuminating reading..

[Ashwini Sharma · Rating 4 out of 5]

a book that makes a strong statement and to add on top of that, does not suffer from lawyers' speak so much that readability might become an issue. of course, what I said is obvious, otherwise the book might not have reached the print stage.

[Amit Palrecha · Rating 5 out of 5]

The author gives sound legal opinion about the current social and economical issues facing our country.

[Braj · Rating 5 out of 5]

Never ever I have been able to garner such interest and vivid understanding of the Indian constitution than while reading this book.

[Amrisha]

Wonder! If you follow Indian Polity, this, alongwith his autobiography- Before Memory Fades, is a must read!

[Amrit Pradhan · Rating 5 out of 5]

Another must read for people from law fraternity. A good reviewal of recent cases !!

[Pritesh Chitte]

The State of The Nation

[Siddharth · Rating 5 out of 5]

to sum up: interpretation (the biggest role)must read