10 Judgements That Changed India

by Zia Mody

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.

Genres: Nonfiction, India, Law, History, Politics, Indian Literature, Legal

256 pages, Hardcover

First published January 1, 2013

About the author

Zia Mody is an Indian corporate lawyer and businesswoman. She is considered an authority on corporate merger and acquisition law, securities law, private equity and project finance.

Reviews

[Arun Divakar · Rating 5 out of 5]

The common populace finds in the Supreme Court of India, a certain sense of divine justice. Sit with an Indian family when they are watching the TV news on the final verdict on a sensational civil/criminal case. For ease of imagination, let’s assume that it is one of the high courts in India that is pronouncing this verdict. The moment the verdict is pronounced and it goes against the expectations of the populace, there will be mutterings and silent curses from the family members. After the hubbub dies down, someone is bound to say out loud – ’Someone should move the Supreme Court , I mean we can’t let them get away with this ! Such is the trust that people place in the apex court of the nation, whether or not this trust is fully kept is a matter of debate even though the nation continues to believe in the final verdict of the court. It is true that the elected representatives of the people hold a lot of sway over the lives of 1.27 billion Indians and yet in a moment of utter confusion, people always look up to the courts for succor. Zia Mody’s collection of ten of the most impactful judgments of the Supreme Court is a book that covers some of the most impactful, tragic and at times even prophetic rulings made by the judges of the court.

The best part of this book is that it is devoid of legal jargon and insider acronyms that only those practicing the profession would have understood. Zia Mody structures each judgement as :

•The background of the case;
•The judgement;
•Pros & Cons of the judgement;
•The aftermath

Ergo in the space of 10-15 pages, the reader gets a holistic view of why a dissection of this case becomes important to his/her life as an Indian. In general, a citizen takes a lot of things for granted without ever pausing to consider how much time and effort would have been spent at forming the framework for such liberties. Books like these are gentle reminders of the dark unknown from which these liberties took form. The Supreme Court then assumes the form of an interpreter of laws for the common man and the common good. It is also a pioneer who cuts through a lot of bureaucratic creepers and vines to blaze hitherto unseen paths for the poor and the downtrodden. Sounds rather dramatic doesn’t it ? In a way it is dramatic too. But it does not mean that the courts don’t fail. Fail they do and the aftermath of such failures resound loudly across the entire nation.

In the order of appearance, here are the ten judgments and what they made me feel :

Kesavananda Bharati v. State Of Kerala (1973) : Incredibly powerful judgement which has served to strengthen the power of the constitution of India. The judgement of the court was instrumental in ensuring that the basic structure of the Indian constitution could remain free of corruption no matter the scenarios. In ways more than one, this judgement has safeguarded the democratic fabric of the nation over the 42 years following its pronouncement. The second best in this collection.

Maneka Gandhi v. Union Of India (1978) : Outlines the liberties that any Indian citizen can enjoy in the nation. Against the backdrop of the time following the emergency, the court gives clarity to what the term personal liberty means to each citizen and the fundamental rights that he/she can enjoy.

Mohamed Ahmed Khan v. Shah Bano Begum (1985) : The final judgement of this case started India off on a path that is has yet to recover from. The strain of religion based politics entered India’s blood stream for the first time following this judgement. The judgement gave the right to alimony to Shah Bano Begum which was later revoked by the Indian Parliament. The court also stressed on the importance of a unified civil code for the nation which the government still has not been able to implement. This is a classic example of the aftermath swallowing up the actual judgement itself. What is more interesting is that this case and its judgement even caused rifts within the Muslim community with a group rejecting the court’s right to interpret Muslim laws and another group supporting the court. Mody’s analysis of the post-judgement period is rather spot on in this case.

Olga Tellis v. Bombay Municipal Corporation (1985) :In an unrelated case, famed Bollywood actor Salman Khan was found guilty by the Bombay sessions court in a case of hit and run ( that happened in 2002) in May 2015. The case was that Salman driving under the influence of alcohol had ran over a pavement dweller who died on the spot. The judgement seemed to incense an entire coterie of Bollywood celebrities who took to social media to vent and fume. Of note was the singer Abhijeet Bhattacharya whose tweets called the pavement dwellers as ‘stray dogs’. Such is the status that a strata of Indians award to their lesser fortunate counterparts. Such a mental divide will perhaps never disappear from the minds of people and the court did what best it could in 1985.The case of Olga Tellis was a litigation where the court ruled in terms of the government’s role in providing housing and infrastructure support to those who cannot afford it. The right to livelihood and the right to life are rather intricately connected and the court’s judgement pronounced these in exhaustive detail.

Union Carbide v. Union Of India (1989) : The Bhopal gas disaster is a nightmare that the nation tries its best to forget. But try as we might, the nightmare scenario just refuses to vanish even after decades. It is only when we get to understand the legal battle that went on after the disaster do we begin to realize how lack of proper laws ends up with the judiciary being taken for a ride by an outsider corporation. This is perhaps the one case in this book that deserves a detailed reading of how the victims ended up with practically pittance as compensation for the horrors that were unleashed upon them. The Union Carbide corporation still walks free and generations later, Bhopal still hasn’t recovered from the wound.

Indra Sawhney v. Union Of India (1992) :The divisions of caste, creed and class have always been a bane for India. Time and again social reformers, intellectuals and the common man have argued for the dismantling of this and yet vote bank politics has ensured that this monster is kept alive forever. To fully understand the depth of how these tentacles have suffocated the Indian psyche, a basic understanding of the Mandal commission and the subsequent actions of the V.P. Singh government is needed. The case of Indra Sawhney was against the backdrop of these caste based reservations in educational and employment scenarios of governmental organizations. While the court accepted and understood the mindlessness behind this logic, it could not choose to act alone. It needed the support of the ruling body to ensure that we phased out caste based reservations. The judgement came in 1992 and it is now 2015, things have not changed and so you can guess how far it went !

Nilabati Behera v. State Of Orissa (1993) : The power of the state to act as judge and jury over its citizens is never so pronounced as an unlawful police detention. Countless men and women pass away in police custody and never has the Supreme Court taken a tough stance before the Nilabati Behera case. The judgement put out solid guidelines to be followed by the Police while performing an arrest and of the fundamental rights that every citizen has while being arrested. It lays down the foundations of individual liberty and the safeguards that one has against unlawful detention.

Supreme Court Advocates-on-Record Association v. Union Of India (1993) : Being the apex court, the appointment of judges at the Supreme Court is an activity that needs to be beyond reproach. Granted that there would be exceptions and yet the process needs to be as foolproof as possible. This case from 1993 sought to clarify the process by which judges can be appointed or removed from the SC.

Vishaka v. State Of Rajasthan (1997) : From my POV as a member of the corporate world, this one case and its judgement has had the most lasting impact on workplaces across India. The prevention of harassment at the workplace was lacking a serious framework until the court stepped in and provided a robust method to combat this rising issue. The judgement and the following effects might appear a tad too lenient at first glance but Mody also makes mention of another case. The case of Usha C S v. Madras Refineries finds the Supreme Court coming down heavily on a petitioner who tries to take undue advantage on the benefits provided by the prevention of sexual harassment law. Makes for a very good case study.

Aruna Ramachandra Shanbaug v. Union Of India (2011) : If you have not heard of Aruna Shanbaug, I would suggest that you read up about her. The plight of this woman will make you uncomfortable to the levels to which humanity can sink to and also that kindness is the most redeeming virtue of them all. Following a public interest litigation by activist Pinky Virani, the SC chose to pronounce a detailed judgement on the nature of euthanasia and its applicability in India. This case sees the SC don its most humanitarian role and straighten out the controversies that surrounded the debate on euthanasia. This is perhaps the best case study from the whole list.

Two judgments that I would love to read more :

1.Mary Roy v. State Of Kerala : The case that defined the guidelines of the property succession for Christian marriages in Kerala. A bitter and protracted legal battle.

2.The Allahabad High Court judgement on the Babri Masjid demolition : The one case that redefined the political and secular landscape of India in the 90’s.

The title of this book is an apt one and if you are really interested in how the judiciary impacts the life of people then make sure you read this one. Highly recommended !

That’s all your honor.

[E.T. · Rating 4 out of 5]

Firstly, it is a brief yet safisfying book that can be understood by laymen. The historical/legal background has been adequately explained along with implications and her own commentary. Predictably, i rushed into understand about "Shah Bano" and the "Keshavanand Bharati" cases first !
Also, the evolution of the judgement surprised me - our SC has reinterpreted the constitution and also overruled itself radically at times. It has also stepped in to fulfill legislative vaccum at times, so there is some precedent and continuity. Ram Guha (author of India after Gandhi) called India a "50-50" republic. I got the same feeling about the courts - logic, compassion, diplomacy, harshness, restraint, overreach , all in some measure.

[Prajakta Shikarkhane · Rating 4 out of 5]

Urgently needs a revised and updated edition !

[Jayakrishnan · Rating 3 out of 5]

“Courts are institutions that don't lead... [T]he idea that you go to the court and the court will fix it, it doesn't work, because it has to be the people who want the change. And without them, no change will be lasting,” says Justice Ruth Bader Ginsburg of the United States Supreme Court. The Indian Supreme Court has both led and followed the people in their pursuit of justice. Occasionally, it failed them too. Here is Zia Mody writing about ten judgments that 'changed' India. Did these judgments, or any judgement for that matter, really change India? Mody argues that they did. As for the ordinary citizen, although the changes are hardly tangible or rarely felt. That is precisely why one should read this book---just to realize what these judgments mean to him as a citizen.

More than anything, what the author deserves applaud for is her selection of cases. It must have been hard to pick ten from the plethora of decisions handed out by the Supreme Court in over sixty years, and Mody, no doubt, has done a great job. The ten cases are arranged chronologically and they vary in content – from the power of the parliament to amend the Constitution, to the rights of pavement dwellers, to the euthanasia debate. Yet, reading this book one would not miss the undercurrent, which to a great extent is the unifying theme behind many of these judgments---the gradual expansion of Article 21 (the right to life and liberty) and other fundamental rights.

It is not merely the text of the ten judgments that the author speaks about. The cases are placed in their contexts, followed by a dissection of the judgments---their ratio, substance and consequences are discussed. Jargons and doctrinal tests are explained. Inadequacies are pointed out. Judgments on the same question that preceded and followed are mentioned in passing so that the reader gets a coherent picture of the 'change'.

The first chapter is on the Kesavananda Bharati (1973) judgment, the magnum opus of the Indian Supreme court. Given the abundance of literature on this particular case, one will most certainly find a better and more comprehensive presentation of the material elsewhere. But for the novice, Mody's writing is good enough. Then come Maneka Gandhi, Shah Bano Begum, Olga Tellis, Union Carbide, Indira Sawhney, Nilabati Behera, SC Advocates-on-Record Association, Visakha and Aruna Shanbaug. Each case is worthy of detailed study. I particularly liked Nilabati Behera and Visakha. The former dealt with award of compensation for violation of fundamental rights and was a precursor to DK Basu in 1996, in which the Supreme Court issued a set of guidelines to be followed by the police while making an arrest. Visakha is a case in which the Supreme Court actually led the people. The Court legislated in the absence of relevant law; it defined sexual harassment at workplace and issued guidelines to deal with it, thus filling the legislative void. Whether it was the province of the Court to act so remains an interesting constitutional question.

The stand out chapter however---and arguably the best written---is Union Carbide, for it is a sad chapter in our judicial history where the Supreme Court failed to deliver justice even in the face of a tragedy of mammoth proportions.

Conspicuous omissions include judgments on the question of minority rights and environmental protection. New legislations might have rendered some of these judgments, Visakha and Advocates-on-Record for instance, redundant for all practical purposes, but that, however, does not diminish the scope of academic studies. On the other hand, new judgments like NALSA and Shreya Singhal have come since the publication of this book. And I would love to read future editions, appropriately updated.

------
Speaking of change, no less important than the court opinions are the dissenting opinions and infamous judgments. Would the Maneka Gandhi judgment have been equally weighty in the absence of ADM Jabalpur and Justice Fazl Ali's dissent in Gopalan? Dissenting opinions, by and large, have an interesting history of gaining acceptance and eventually becoming the law. And infamous judgments? They are often subjected to stricter scrutiny and invoke harsh criticisms from large sections of the Bar and the public, and thus help articulate and consolidate public opinion in favour of justice, as was seen in ADM Jabalpur, Mathura rape case and recently in Suresh Koushal. And I strongly feel that such decisions warranted a separate chapter in this book.

[Anil Swarup · Rating 4 out of 5]

Complex judgements presented even for a layman to understand. All these judgements have had far reaching implications for our polity and society. The views of the author are candid and frank. She does not shy away from even criticizing some of these judgements. In the context of judicial appointments she even concedes that "we have moved from one extreme to the other. ...to judiciary with theoretically unbridled and unchecked power. " How true.

[Udit Nair · Rating 4 out of 5]

It's a great book for a layman who wants to have an idea about the impact of seminal judgments of supreme court on indian polity and society as a whole. The author is stating out facts and doesn't shy away from criticizing some judgements.

I already knew about most of the judgments and have read extensively about it. This actually made it an average read but it is a good book in the end. My personal favourite would be the last judgement which deals with a complex issue euthanasia.

[Preetam Chatterjee · Rating 5 out of 5]

Book: 10 Judgements That Changed India
Author: Zia Mody
Publisher: ‎ Penguin India; 2013th edition (1 September 2013)
Language: ‎ English
Hardcover: ‎ 256 pages
Item Weight: ‎ 299 g
Dimensions: ‎ 20.5 x 2.4 x 14 cm
Country of Origin: ‎ India
Price: 277/-

It is said that Thomas Hobbes was conceivably the first thinker who visualized ‘law’ in defined terms and made a distinction between natural law and civil law. The latter is known to us as man-made law or, in simple term, ‘law’.

Hobbes defined the civil law in the following words: "Civil law is to every subject those rules which the commonwealth has commanded by word or writing or other sufficient sign of the will to make use of for the distinction of right and wrong" ..

There are other persons who have also defined law in their own ways. For example, in Gettell's view, law is something which is faxed and uniform and generally followed.

But we think that this definition is not adequate.

Another definition of law is that it is a body of fixed codes and beliefs recognized and implemented by public authority to run the administration of state and to achieve justice for citizens. Others define law as that portion of established thought and habit, behind which there is the recognition of authority.

Summarizing the above views we can safely say that ‘Law’ is that body of rules, regulations, codes and established thought and habit which are enacted by a proper authority or recognized by it.

Natural laws over the centuries have made a precious contribution to the development of positive law in many countries. The origin and development of equity in England owed much to natural law. It is this concept of natural law which influenced the drafting of the Constitution of the United States and of various states. It is the starting point of modern international law and international conventions, covenants and declarations.

This is the concept of constitutionalism with limited government under a written Constitution. It is clear from what is discussed above that a written Constitution has its philosophical roots in the idea of natural law and is based on the hypothesis of a ‘higher law’.

This concept of a higher law became very pronounced with the adoption, in 1787, of the American Constitution, which is possibly the first written Constitution of a confederation in the true sense of the term. After that the democratic and the civilized world understood that a written Constitution has to always be in tune with democratic principles, as it incorporates in an organic law the fruits of natural law, which are the inalienable rights of human beings.

These natural laws are to act as limitations upon the organs of the state and cannot be left at the mercy of the majority in a Parliament.

Our Constitution, enacted in 1950, has been the keystone of India’s democracy. After its enactment it has undergone several amendments. The Supreme Court is the definitive interpreter of the Constitution and, by its creative and innovative interpretation, has been the protector of our constitutional rights and fundamental freedoms.

The very concept of judgments bringing about wide-ranging social changes presupposes that the courts not only interpret laws, but that in the process of interpretation they also declare laws, which has the effect of making laws. This process of constitutional interpretation, better known in constitutional parlance as judicial review, is inevitable in India, where we have a written Constitution with a chapter on fundamental rights. These features of the Constitution automatically lead to the concept of a limited government.

India’s democratic Constitution, as expected, has given due emphasis to the concept of separation of powers, in which apart from the legislature and the executive, the judiciary occupies a very important positions, specially in the important task of not only deciding inter-party disputes but also in the exposition of the Constitutional and legal principles by the Supreme Court of India, which will be binding on the High Courts and the judiciary as a whole as well as on all citizens of India. In due course, our apex court has dealt with several fundamental concepts of our constitutional law, which need to be duly studied and appreciated.

Dealing with the fruition of the ‘basic structure’ doctrine in the backdrop of constitutional values, this book has analysed ten of the most important judgments of the Indian judiciary with an incisive approach.

The book has dealt with the expansion of constitutional law on the concept of basic structure and on the power of Parliament with admirable precision and with a sense of history in the development of constitutional jurisprudence in India.

In different chapters of his book, the author has dealt with the evolving mosaic of constitutional interpretation in ten judgments of the Indian judiciary to highlight that the judicial power of the judiciary of our nation has strengthened the roots of democracy in India.

The author has also dealt with a series of decisions of the Supreme Court endorsing affirmative state action by way of reverse discrimination by giving protection in favour of the Scheduled Caste and Scheduled Tribe candidates in the state service.

The ten chapters, signifying the ten landmark judgements, are as follows:

1) Basic Instinct: A Landmark in Modern Constitutional Jurisprudence - Kesavananda Bharati v. State of Kerala (1973)

2) Life, Uninterrupted: The Supreme Court’s Chance at Redemption - Maneka Gandhi v. Union of India (1978)

3) Whose Law Is It Anyway?: A Flashpoint in Religious Fundamentalism - Mohammed Ahmed Khan v. Shah Bano Begum (1985)

4) Home on the Range: The Emergence of ‘Second Generation Rights’ like Housing - Olga Tellis v. Bombay Municipal Corporation (1985)

5) Justice Delayed: The Loss through Law - Union Carbide Corporation v. Union of India (1989)

6) ‘No, I Am More Backward Than You Are!’: The Discourse on Reservations - Indra Sawhney v. Union of India (1992)

7) Death in Custody: The Breach of Trust and Its Price - Nilabati Behera v. State of Orissa (1993)

8) Courting Liberty: Independence of the Judiciary as Envisaged by the Constitution of India - Supreme Court Advocates-on-Record Association v. Union of India (1993)

9) All in a Day’s Work: Sexual Harassment at the Workplace - Vishaka v. State of Rajasthan (1997)

10) Killing Me Softly: The Euthanasia Debate in India - Aruna Ramachandra Shanbaug v. Union of India (2011)

Each of the ten judgements decided by the Supreme Court, that this book underlines and displays the central role that the court plays in democratic governance in India.

Some of these judgements have arisen as a result of both the pre- and post-Emergency Indira Gandhi regime. During this period, the court was in the throes of a constitutional conflict, torn between deciding on principles and sometimes, unfortunately, bowing to political exigencies.

However, the guiding light that one hopes will continue is the eventual thread of jurisprudence squarely in favour of a strong democracy armed with the unshakeable stamp, the freedom of speech, and the right to life with the other attendant basic constitutional safeguards.

The book very adroitly touches upon the point that the Emergency taught the Supreme Court of India many hard lessons, including, with a bit of luck, some lessons it will never repeat.

It also lays bare to the intelligentsia and the common man the fact that respite eventually came from the gates of the courts.

Women dominate as the central figures in four of the ten selected judgements — seen in the cases of
1) Maneka Gandhi,
2) Mohammed Ahmed Khan v. Shah Bano Begum (AIR 1985 SC 945),
3) Vishaka v. State of Rajasthan (AIR 1997 SC 3011) and
4) Aruna Ramachandra Shanbaug v. Union of India ((2011) 1 SCALE 673)

These judgements not only reflect the tragedy of the Indian woman, but also the materialization of jurisprudence which seeks to set it right. Unluckily, what remains is the practical reality of a long road yet to be travelled to unwind institutional and cultural discrimination against women.

Many of these cases have had an international impact and have been cited in different countries around the world, particularly in South Asia. The case of Olga Tellis v. Bombay Municipal Corporation (AIR 1986 SC 180), dealing with the rights of pavement dwellers, has arguably had a greater impact abroad than in India.

As we are prone to do, many of the judgements run into hundreds of pages—but one would rather have prolixity (which leads to somewhat prolific and sometimes over-elaborate prose) than compromise on the quality of justice.

For me, personally, the two concluding chapters were extremely distressing.

In an emerging Indian economy, as more and more women have started to work, the woe of sexual harassment at the workplace has reared its ugly head in several fields. From the police and the army to business process outsourcing set-ups, from multinational corporations to professional sport—it’s undesirable that no sector or discipline has been spared.

As has been the case with many other pressing issues, it was a Supreme Court decision that first brought this issue under sustained public scrutiny.

Since the judgement, there have been several attempts (one pending, others failed) to make definitive laws on the subject.

In the context of sexual harassment, judicial activism reached its pinnacle in Vishaka v. State of Rajasthan1 (Vishaka). The judgement was unprecedented for several reasons: the Supreme Court acknowledged and relied to a great extent on international treaties that had not been transformed into municipal law; the Supreme Court provided the first authoritative definition of ‘sexual harassment’ in India; and confronted with a statutory vacuum, it went creative and proposed the route of ‘judicial legislation’.

This was the bottomline of Chapter 9.

The final chapter highlights the journey of the judicial system into the highly sensitive and much debated issue of euthanasia.

Does a fatally ill person have the right to hasten his death by asking for either his medical treatment to be withdrawn or for a lethal injection to be administered to end his suffering?

Do the relatives of a patient, who has been in a permanently vegetative state for so long that she has almost no hope of recovery, have the right to ask for her life-support system to be switched off?

‘The Constitution,’ said Justice Alby Sachs, ‘is the autobiography of a nation.’ The Constitution articulates the conscience of the nation in particular and of mankind in general. This voice is most eloquent in the judgments of the constitutional courts. Therefore, the Constitution of a country is never completed in one go. Its development is a continuous process.

This is very true of our Constitution. Our Constitution today is vastly different from what it was in 1950. This is not only because over the years it has had more than 100 amendments but because it has also undergone varied interpretation, as is clear from the judgments discussed here, to unfold new ranges and vistas of meaning.

After all, a Constitution is what the judges say it is. This is bound to be so when a nation adopts a Constitution, setting out a list of human rights, which are given the constitutional status of a ‘higher law’ as fundamental rights or a Bill of Right. The impact of such a constitutional design on judicial reasoning is bound to boost an expansive right regime with a human right-leaning.

Therefore the judicial compliance, if not supineness, of the constitutional interpretation of the 1950s, with the glorious exception of Justice Vivian Bose, was replaced by the most sensitized and forthright generation of judges towards the mid-1970s.

Those bold spirits of judges went about making the Constitution and the laws relevant for the common man and in the process, they actually made laws.

That is exactly what the bottomline of this book is.

Thoroughly enjoyable and entertaining!!

Grab a copy if you choose.

[Rahul · Rating 5 out of 5]

4.5 🌟

A very well written book, highlighting the legal cases that changed India, in a language that even a common man could understand. I wished it could be a little longer.

[Piyush Bhatia · Rating 5 out of 5]

This book describes pivotal judgments of the Supreme Court that have redefined our daily lives.
The 10 judgments covered carry seminal importance as far as the social lives of every Indian citizen is concerned.

[Sookie · Rating 4 out of 5]

I am surprised State of Uttar Pradesh v. Raj Narain didn't make the cut.

[Apratim Mukherjee · Rating 5 out of 5]

This is a book on ten landmark Supreme Court of India judgements and how they affected past and present of India.Most of these cases are well known by people having an interest in Indian judicial history like the Keswanand Bharti case or Shah Bano case.Hence,the book is more about the implications rather than the judgement itself.
There is a lot of legal jargon (as expected) and references to various books and cases.Thus,while picking up this book,you have to be clear that either you should have an interest in Indian judiciary or should be a part of it.
Eventhough,the book has a selective reader base,it is still well researched and written.
A must read for, as I said,it's selective reader base.

[Saurabh Pandey · Rating 4 out of 5]

This book is a collection of cases which had landmark implication in the legal development of rights. From Keshavanda Bharati case to Olga Tellis, it contains both the background and the explanation of legal principles which were laid down by the court in these cases.
This book is a must-read for anyone who wants to learn in detail about the cases which this book discusses.

[Mallika Singla · Rating 5 out of 5]

A brilliant account of the key judgements and their monumental impact on societal issues. The book beautifully articulates the context, relevance as well as conclusions across all the social issues being covered. Would definitely recommend it to anyone interested in understanding how the Indian judiciary has evolved over time and how some of its judgements affect us on a day-to-day basis.

[Shubhra · Rating 2 out of 5]

It’s decently researched and put together and a cohesive read and the judgments have all been milestones, but there is no feeling behind the book – I cannot imagine that this is all Zia has to say about them. The book very much seems to be those that are thought up as a great publishing idea for some reason – but it’s a waste in some sense in its execution, the essays are too legal to appeal to a layman and aren’t meaty enough for their target audience. By the end, it just reads like clinical summaries of the cases and the fact that where we are on the issues keeps changing so rapidly leaves one slightly dissatisfied.

[Aqsa · Rating 5 out of 5]

An authoritative preamble to the legislative and constitutional history of our country, The 10 Judgements that Changed India is a must read for anyone wanting to understand the role that landmark cases have played in making India what it is today.

We have cases that have said to catalyse the hindu-muslim divide (looking at you Shah Bano), the much necessary but perhaps prematurely introduced positive rights (hear hear, Maneka Gandhi), of course cases related to reservation (Indira Sawhney and others) and many more - closing on a sombre note with the case on euthanasia (Aruna Shanbaug). That women dominate four of the ten cases is emblematic of the role they have played in bringing about key legislative issues to cognisance of the courts, thereby benefiting not just themselves, but the society as a whole.

Mody, daughter of Soli Sorabjee (former Attorney-General of India, who has also written the book's Foreword) and a Cambridge and Harvard-bred lawyer, is on familiar ground as for each case, she details not just the dry facts, but the historical lead up as well as the consequences and impact it had immediately and years later. While the writing may take a while to get used to - written for a layperson it is still written by a lawyer - the reader gets accustomed to it by, say, the third case, guided primarily by the detailed footnotes that provide annotations as well as definitions for any legal jargon.

Written ten years ago, when the role of the Supreme Court was perhaps more understated, I don't know how well the book will age, but in 2021 I am sure Mody will want to add certain judgements to her selection.

[Darshan · Rating 4 out of 5]

These cases delivered landmark judgements as is evident from their impact on the Indian legal system. Some of these are close to my heart - appointment of judges, right to livelihood and shelter, reservations - and it was great to read up on the history of these cases. The author has presented the court's judgements with relevant excerpts alongside her own professional opinions to demonstrate why Indian law is subject to a million interpretations (which explains the blindfold). I feel every Indian should read this book as soon as they turn 18.
The legalese was a bit overwhelming at first. I would suggest picking up the Kindle version with a dictionary over a physical copy.
P.S.: Has the Indira government done anything good for the country?

[Sravya · Rating 3 out of 5]

This books gives a glimpse of the intricacies of law. We get to see how something as basic as Right to Freedom and Equality can be interpreted in so many ways. The author has done a good job explaining the context and outcome of these cases in layman terms. Only issue, it felt like reading a report.

[Ayush Kothifora · Rating 5 out of 5]

For anyone wanting to understand the interplay between Constitution, Courts and Law, but is irritated by the jargon-filled exclusivity of law, this is the book to read.

Perhaps one of the best compilations I've read in non-fiction. All the 10 cases are monumental, and one can clearly see what changes our country has gone through in its socio-political and legal landscape.

The writer does a great job at simplifying things, leaves no question unanswered and is critical and appreciative of every system - be it the court or executive in a very balanced manner.

[Anurag Goyal · Rating 5 out of 5]

It is probably one of the best books i have read in recent times. One has to labour through the sections and sub-sections at places, but the author successfully communicates the far-reaching impact of these landmark judgements. Personally, it did help me understand India’s political landscape a little better.

[V · Rating 4 out of 5]

Decent book by Zia Mody, founding partner of AZB & Partner's. Check out The Cases That India Forgot if you want to lose faith in the judiciary.

[Debjit Sengupta · Rating 4 out of 5]

The Judiciary has been a butt of jokes . This is not for the common man but for those who have the power and money to maneuver it in their own way. For years, this is mentioned not out of respect but sarcastically. The common man is cynical about its fairness and impartiality. The Judiciary most often has been projected as the weakest branch of the State. However, to be fair the myth has been broken by the Supreme Court innumerable times. They have proved time and again that they play a central, cardinal and curative role in the Indian democracy. The Constitution which provides fundamental rights to citizen is the cornerstone of nation’s democracy. The Constitution has been interpreted expansively. The Constitution has also been amended extensively multiple times. To be precise, the Constitution has been amended 101 times. Some of the laws are outmoded and need periodic review and amendments. The amendment relates to issues like including some languages as official languages, statutory cover for levy and utilization of service tax, providing right to education, setting up rent control tribunals and reducing age for voting rights. Looks mundane, routine and harmless. Isn’t it? However, not all amendments have been simple and controversial free. Just imagine, an amendment tampers with the fundamental rights of a citizen. Who is going to protect it? The Supreme Court is the ultimate interpreter of the Constitution and protector of our constitutional rights and freedom. Despite amendments, the Supreme Court ensures that the basic structure of the Constitution remains the same. The book brings ten such judgements which were considered landmark and path breaking. These judgements have had a profound impact on the society and the nation. The unprecedented judgements attuned citizens to the various social and environmental issues.

Swami Kesevananda Bharti was the head of a Hindu mutt. The Kerala government introduced land reforms act in 1963, which enforced restriction on the management of his property. This prompted him to challenge State land reform legislation in 1970. While the proceeding was under way, during the same time Parliament made amendment to the Constitution with respect to land reform laws which adversely affected Swami Kesavananda Bharti. His counsel challenged the validity of the amendments to the Constitution. The Parliament have rights to amend the Constitution. The Supreme Court in turn have the rights to review and invalidate any amendment that tampers and destroy the basic structure of the Constitution. Under the guise of making amendments, the Parliament cannot redraft the Constitution. The people representative are servants of the Constitution. The verdict here ensured that the representatives never become masters of the constitution. It ensures that the Parliament can never change the fundamental bases of India. It countervails the government, never allowing it to imperil the Constitution.

Post-emergency, the next general election resulted in the defeat of Congress Party. In 1977, the Janata Party came into power. Maneka Gandhi was issued a passport in 1976 under the Passport act. In 1977, she was supposed to visit a foreign country in order to fulfill her speaking assignments. To her dismay, the government impounded her passport. When she sought reason for seizing her passport, the government refused to provide the answer, stating that it has been done in reference to certain sections of the Passport act. She in turn challenged government's decision by filing a writ petition in the Supreme Court. This concerned fundamental rights of Indian citizen to travel abroad. According to Supreme Court judgement no person shall be deprived of personal liberty with few exceptions. With this decision, it made an attempt to restore citizen’s faith in the judiciary.

The Odisha Police had arrested Suman Behera for allegedly committing a theft. After two days, his dead body was found near a railway track. His mother Nilabati Behera sent a simple letter to Supreme Court stating that her son had died in police custody. Her letter was converted into a writ petition. Though police claimed that Suman had escaped and was run over by a speeding train but the lacerations on his body suggested that he had died an unnatural death. It looked like a case involving high handedness of Odisha Police. The Supreme Court analyzed the right to seek compensation in case there is an infringement of a law. It ordered the State of Odisha to initiate criminal proceeding against those who killed Suman Behera and also awarded a compensation of Rs. 1.5 lakh to Nilabati Behera. Until this case, compensation was usually given on an ad hoc basis. In 1993, the Supreme court converted this remedy into a rule of law.

The Constitution provides mechanism for ensuring protection of Supreme court and high court judges. The makers of the Constitution while drafting had hoped that Executives and Judiciary will work in tandem to ensure that judicial appointments are based on merit. The opinion of CJI and Chief justice of courts were taken prior to making appointments. However, during emergency conflicts started developing between political class and the judiciary, a CJI was appointed even though there were efficient senior counterparts. Judges were transferred from one high court to another at the whims and fancies of the government. The decision regarding appointment and transfers were used to punish those who were unwilling to toe government line on policy matters. One of the transferred judge filed a writ petition regarding his transfer. The Supreme court verdict restricted the role of CJI as an advisory and gave the control of the key appointments in the hands of the executive. The verdict left many disappointed. Undermining judicial impendence altered the course of the Constitution. In the spirit, judicial appointments are meant to set up proper checks and balances where merit is the key consideration. What desirable is that there should be free and fair discussion between executives and CJI without any vested interest.

Bhanwari Devi was a grassroot worker employed as a part of Women’s Development Project(WDP), run by State government of Rajashtan. In 1992, the government launched a campaign against child marriage, which was still rampant in the State during that time. She made a spirited effort and ensured prevention of one such marriage of a one year child. What followed is a complete alienation of her family. They were economically and socially boycotted by villagers. Her husband was beaten mercilessly and worst of all, she was gang raped by five men in front of her husband. She sought justice but faced numerable hurdles from police authorities. The trial court acquitted all five persons. Five NGO’s under the name of Vishaka filed a PIL in the Supreme Court against the State of Rajasthan and Union of India. The Supreme Court then issued a series of guidelines to protect women from sexual harassment at workplace. It further stated that guidelines have to be strictly adhered at all workplaces. Vishaka is the only pan-India law on the given issue. Supreme Court has directed all labour commissioners of all States to implement the guidelines. A movie on the subject was released featuring well known actress Nandita Das.

In 1981, the then Chief Minister of Maharashtra announced that residents of Bombay who were living in informal settlements like pavements of major roads but did not possess photo passes would be evicted forcibly. It directed Bombay Municipal Corporation(BMC) to carry out this mass eviction and demolition drive. Referring some sections of Mumbai Municipal Corporation Act, BMC started executing the government order. The BMC cited hazards to health and safety as a reason for eviction. In response two groups of slum dwellers filed a writ petition in Supreme Court challenging constitutional validity of some of the sections of the Mumbai Municipal Corporation Act. The petitioner argued that their right to life was illusory without the right to protection of the means by which such a life could be lived. The challenge before the Supreme Court was to link right to life of the pavement dwellers to the right to health and safety of the community at large. Though the court did not grant immediate reliefs to the litigants but directed the State to implement policies for protection of the neglected sections of the society.

I have omitted much read and debated judgements from the review so far. One of these concerned giving post maintenance rights to a Muslim woman. Leave alone Hindu-Muslims, it created a deep divide between different sections of the Muslim community. There was enough indignation. Prior to bringing it to court, it was an intangible but still a vexed issue. There were sensational press coverage and vociferous protests. Another judgement relates to giving compensation to Bhopal Gas tragedy victims. Ironically the Central government initially filed a case in the US Court as they feel Indian Courts are not equipped enough to handle it. The tragedy also touched upon issue of how developing countries are importing hazardous technologies in absence of environmental law framework. The judgement compelled a lackadaisical government to react on victim’s pleas. The issue which was the most controversial and fomented into violent protest and self-immolation of a Delhi student, was implementation of Mandal commission that granted 27 percent of civil posts under the government of India to OBC community. The judgement was criticized for bringing caste to the Indian politics but it was credited for acknowledging it as a social evil. The last of the ten judgement pointed to Euthanasia. It’s on a very sensitive subject and that is right to die. The four judgements discussed here were the most interesting subjects.

Time and again, the Constitution has been infused with life by practical and independent judiciary. We may abuse judiciary innumerable times but the fact remains that it ensures our freedom, that’s defined in the Constitution. It fostered the development of economic and social cause. There is still a hope for lower rungs of the society that there is a body under whose aegis fundamental rights are protected. They have proved themselves as a bona fide organization. I came across a news few years back where it was reported that the European Union was struggling to control its own members from violating core values of democracy and indulging in breaching fundamental rights. In Countries like Hungary and Romania, there is direct interference with the judiciary. I need not mention Countries like Nigeria, Sudan, Yemen and Somalia. The situation is worse. Even though, there has been blatant misuse of the judiciary but we still are fortunate compared to most other nations. The book focused merely not only on the judgements but also presented them in cultural and social context and subsequent public reactions that followed. The cases have been considered landmark because it affected the basic liberties of millions of citizen throughout India. The book also highlights the manner in the which the Supreme Court has performed its role. Though it has been a difficult subject to read but nevertheless an interesting one. The commendable part is that the author has described legal analysis in an eloquent language, which was less legalese and more reader friendly. Much debated judgements of the Supreme Court like Jessica Lal Murder Case, Hawala Scandal, Dance Bars and Recognizing the third gender does not figure in the list. Still, this is highly recommended book merely for subject alone.

[Sayantan · Rating 3 out of 5]

I am gonna start with, "Its not you, it's me", dear 10 judgements.

I loved the concept, but once I finished the book, I felt slightly underwhelmed. Maybe because of my limited command of Legalese.

The author does an OK job giving context to the cases, and explaining Why they were important. But there was a Lot of extraneous details. I mean this is a small book, is it really that important to add appendices to some chapter that quote the original sources verbatim. Or references with 20-character long HTML links in the bottom of some pages rudely intruding into actual reading material space. Of course references are important, but how important really to a casual reader. And this is a book for the casual reader, and not for legal scholars.

This book could take a page or two out of the playbook of the "popular science" genre. I find reading them much smoother (but maybe I am biased because I am more exposed to that field than the Law).

Rant aside, the cases discussed in the book are pretty diverse and raise interesting points. Some are easier to understand for laymen like me (esp ones where the court passes outward looking judgements to the world), while some are more introspective (and riddled with finer points about the court regulating itself, which I found slight more difficult to appreciate... beg your pardon, Legalese noob alert here)

But all in all, I am glad I read this book. Law (at least to some degree) is philosophy in action, and it is one thing to be an armchair philosopher and pass casual judgements, and it is a different ball game when the judgement affects millions. The interplay of fairness, feasibility, convenience, consequences, precision and pliability is subtle and fascinating. And while stories of abstruseness 'before the law' abound, I think this is a welcome glimpse from the other side.

[Toshali Gupta · Rating 5 out of 5]

It not only provides a quick layman glance into the evolution and the history of the Indian judiciary but also provides a good historical account of the country with its socio-economic landscape.
Must read for all who wish to know more about India and its polity.

[Raghav Mehta · Rating 4 out of 5]

Overall I really liked the book. It gives a good introduction to all the cases that were pivotal in Indian Jurisdictions System. Although the book is now almost a decade old, the political and jurisdiction system has gone a substantial changes in the last decade, maybe more than any other time in the country’s history. The book does a good job in providing perspective of how the system has developed till now. Considering this I would love to I know what the authors thinks are other landmark cases in the last decade; maybe Babri Masjid/ Ram Mandir case? Maybe recent LQBTQ right case?

Overall what I learnt from the book is that usually the Indian jurisdiction system has made many decision which were well faithed, but some of them worked in the opposite direction to its intention. This shows that maybe the issue is not necessarily only the system but also the people who implement and use it.

My summary of each of the 10 cases is provided below.


1. Kesavananda vs State of Kerala: - A landmark case which basically established that Supreme Court of India holds the highest power in terms of protecting constitutional rights. I kind of like the writing as the author provided background about the case, details of the case itself, all other relevant information of things happening around the case (emergency during Indira Gandhi). I especially liked how the authors gave the implication of the case in terms of both pros and cons. Also, the end commentary was also pretty good. Overall, a nice overview of one of the most important judgements of India judiciary.

2. Menaka Gandhi: before - Any fundamental rights deal with distinct matter and should be read in isolation. Case - Fundamental right to travel abroad. Daughter in law of Indira Gandhi. Head of a news paper which was writing things against the new government. Passport got impounded as government feared that she will flee country to avoid giving testimony. Verdict: Rights form a basis and cannot be interpreted individually. Just because a law satisfies one right doesn’t mean it can ignore other rights. This basically became springboard for the evaluation of the law relating to judicial preservation of human rights.

3. Mohammed Ahmed Khan vs Shah Bano Begum: a flashpoint in religious fundamentalism. : judgement which led to religious fundamentalism in India. This was an intriguing case and judgement as it was not the judgement itself that was issue, it was the manner in which it was delivered that was an issue. Similarly, the aftermath of the judgement led to religious fundamentalism across India.

4. Olga tellis vs BMC: A judgement which integrated right to shelter as a second generation fundamental right. Basically the case was about reallocation of slum dwellers in Mumbai. The court asked BMC to provide accommodation for them and said that right to shelter is part of right to live. The aftermath of this judgement was practically useful till 2000. After which though the court never overruled the judgement, the stance taken by the court is more against poor. This was specially the case in Narmada Dam case where lakhs of people had to reallocate from their well established home to increase the height of the dam. A line written in the book is close to the home, “Indian court is pro human rights but anti poor”. :/

5. UCC vs Union of India - Bhopal Gas Tragedy aftermath: basically, after the disaster, the government became “parens patriae” for the victims, which means they act on the behalf of victims in the case, this was an issue as they were partially responsible for the disaster and they didn’t act to get full justice. The Indian government tried to run the case in the USA, but they rejected it and said that it should run in India. The court in india settled for mere 50k Rs per person compensation. After 25 years in 2010, criminal charges were applied against UCC and that too not convincing. Overall, although the Indian law has been improved after this, it is still not reached the level it should. Maybe due the fact that we are still developing nation. Overall, I really liked this chapter as it gave a good overview of the case, it’s aftermath, and things which still needs to be improved.

6. Indra Sawhney vs Union of India: This might be one of the favourite part of this book for me as it is taking about the important issue and gave me some background in reservation politics I didn’t know before. Although the initial part was really impressive, I felt disappointed at the end that it didn’t deliver much. Maybe it has to do with the fact that Indian politicians are using castism as a way to win votes rather than trying to improve society.

7. Nilabati Bahera vs State of Orissa: Case of what happens when a person detained by police dies in their custody. During initial years of Indian independence, the court didn’t made it compulsory to compensate people who were illegally detained or harmed. Basically in the case of interest, the court, for the first, provided structured formulation of how people can ask for compensation when their fundamental rights have been violated in an unlawful manner. However, there is no unified manner in which the compensation amount can be calculated.

8. Supreme court advocates on record association va Union of India: Settling the power of the Supreme Court of India to make judicial appointments — Constitution states that all High Court and Supreme Court judge appointment should be done by president, and CJI. And the ultimate power is bestowed upon the Supreme Court judges. But this doesn’t consider transfer of judges between courts. However, during Indira Gandhi emergency this changed drastically and government used it as a power tool. In an important first judges case, the court itself ruled such that the final power to appoint someone to SC was given to the executive rather than CJI. This one was overruled in the case of interest where the power was given back to CJI and judiciary. Although this feels like a good decision, discussions in the later part of the chapter talks about how this gives unprecedented power to the judiciary and how it can be unconstitutional, as the constitutions requires checks of power between judiciary and elected government (executive) branches.

9. Vishaka vs State of Rajasthan: innovating jurisprudence to prevent sexual harassment at the workplace — talks about how international treaties were adapted to Indian setting to define the workplace harassment laws. The judgement for the case in discussion provided the basic guidelines for investigation of sexual harassment at work place, it basically provides a good sensitive take towards woman about it. The author of the book talks about the usefulness of the same and how this is a double edge sword as some people can take wrongful advantage of the same. The author also talks about recent attempts to convert this into a law and pros and cons of it. For example, the bill drafted in 2010 doesn’t include sexual harassment against men.

10. Aruna Ramachandra Shanbaug va UoI: accepting euthanasia as being constitutional — The chapter talks about debatable topic of Euthanasia. It is a morally and ethically sensitive topic. Till 2011, all forms of euthanasia was illegal in India. Interesting that the criminal nature of suicide is linked with safeguard against Sati pratha in India. The initial half of the chapter talks about flip flop between considering suicide non punishable act and punishable act by law. This highlights how complicated this issue is and how much thought process it requires to make a judgment in this case. The next part describes the nitty gritty of the case of interest. In that case, the court decided to not allow euthanasia for the person who was in vegetative state for almost 45 years. The court took further action and provided detailed guidelines for allowing euthanasia. They allowed passive euthanasia (removal of life supporting device), but didn’t allow active euthanasia (through injection). Also they clearly provided guidelines for when someone is in state to make this decision for themselves vs when someone else has to make this decision. The author talks about the moral implications of active vs passive euthanasia, and physical vs mental illness in case of passive euthanasia. Overall, I really liked the discussion about moral implication of suicide and euthanasia. I felt that these are sensitive issues and Indian court are trying to take as much informed decision as they can.

[Amartya Gupta · Rating 5 out of 5]

Now this is how one needs to write books on the law! The way this book has been structured it was impossible for me to not end up liking it. The author has selected 10 landmark cases that have fundamentally changed the story of Indian Judiciary.
The author has taken a lot of care to make this book a treat for readers of all kinds, irrespective of their knowledge of law. All you need is a little bit of interest, and this book will constantly keep stoking that curiosity leaving a long lasting imprint.

Personally I had been on the lookout for a good readable book on Indian judiciary, the constitution and fundamental rights. I was sorely disappointed in my previous searches for to the technical nature of the book, but this one left me pleasantly surprised. The author has given context for each case in the book, in his effort to present a wholesome experience. And is not like he just discusses one case, but he also often talks of a string of cases before and after the judgement to drive his point home. In each chapter he critiques the decisions of the Supreme Court, the laggard policy maker and the role of the public.

This book talks plenty on all the major articles in the constitution and the cases that received widespread media attention. It's a great book to start your journey in constitution law.

[Nishant Gupta · Rating 5 out of 5]

This book gives a glimpse of ten issues and judgement passed by the SC of India, which made a significant impact on Indian people and the democracy in India.

Law is complex and the language of the judgements passed by the court is even more complex. The length of Judgements of the cases mentioned in this book runs in hundreds of pages. This book tries to present them in a concise and simple form so that they can be accessible and understood by the people not having legal background. And it's important to understand that this book is not more than this and neither it tries to be. It's a teaser book that might get one intrigued to read more about these cases or Law in general. But one should not expect a detailed analysis of judgements or the issues or exepct to become an expert in Legal matters after reading this book.

It's a little book, wonderful hardcover, language is simple and I enjoyed reading this book. I would recommend this if you've interest in social, and political issues and want something casual to get you started.

[Syed Saqi · Rating 3 out of 5]

Very readable book on the judgements given by supreme court. The build up to each case helped me to understand why each was special and how the judgement implied to future cases..
The book also candidly spells out the tussle between the judgements, how it overruled previously decided matters and mostly the elusive balance of equation between legislature and judiciary.

I cleared my own doubts on the njac part after reading this book on appointments of judges.

Otherwise it is a well chosen cases, each involving about life, death, travel n liberty, harassment, environment, and finally the constitution itself.

So have to move on now to read palkhivala and Fali Nariman now.

[Abhishek Malik · Rating 5 out of 5]

This book in a very effective manner enables a layman to be introduced to the evolution of laws and understanding of social problems by the indian judiciary.

The ten judgments covered in this book are not just the 10 judgments but are actually the ten topics and their whole history in the indian judiciary. Each case has been studied not in isolation but with all its history and also what relevant progress has been made since that judgment.

This book is a good resource to make aware oneself with the judicial tradition of our country, specially for those who are not much aware about the law.

[Shashank Garg · Rating 4 out of 5]

Although I already knew about most of the judgments listed in the book but it shed new light on the some of the concepts. The language is very simple and can be understood and enjoyed even if you don't have any knowledge of law. The selection of cases is very wise as it covers broad spectrum of issues. All the cases show the judicial innovation and at the same time notes the instances where it tries to trespass the territory of Executive of Legislative. .

[Vn · Rating 4 out of 5]

Over the years, as a layperson, one reads about judgments in the media, argues about it and lives its consequences. But to read them again with the time line of each judgement, brings better perspective. Thats what the book did to me. The writing is a bit dry but the importance of refreshing ones memory cannot be taken away. The fact that its a slim book helps