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Landmark Judgements that changed India
The executive, the legislature and the judiciary are the three branches of government, both state and central, in India. Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts.
In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed. Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.
In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed. Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.
145 pages, Hardcover
Published January 1, 2015
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Displaying 1 - 11 of 11 reviews
October 24, 2015
Justice A. K. Ganguly is one of the nation's sharpest judicial minds - this much is undisputable. This work by the said J. is excellent. The cases discussed here are some the nation's most famous ones - Keshavananda Bharati, Maneka Gandhi, Sajjan Singh, Vishakha, ADM Jabalpur etc. What Justice Ganguly does is add depth and complexion to one's understanding of these cases, and the constitutional principles that are at play. In my personal opinion (and very limited exposure), Justice Ganguly's work stands second to only Granville Austin. Another excellent feature of the book is that it compares the Indian constitution with that from other nations. Only caveat - the reader should have some rudimentary familiarity with the Constitution. Otherwise this would be a very uphill read.
July 22, 2020
Justice Ashok Ganguly has tried to write a piece which includes major cases that are really important in context with the present legal system.
One of the areas where there was a lot of confusion after the coming up of constitution was amendment power of the parliament which was subsequently through case laws and amendment in the provision clarified. In the course of these events couple of doctrines were laid down by the Hon’ble Supreme Court. It was the time when courts were passing judgements for people and the government was bringing amendments to overturn those judgements. In pursuance of this Kesavananada Bharati case was an epoch-making judgement of the Indian Legal History which expressed that the basic structure of the Constitution cannot be amended in any condition. This was further applied in the Indira Gandhi v. Raj Narain case. The judgement of Minerva Mills case ensured that this doctrine is strengthened. In the course of deciding cases, there have been judgements where dissent opinions have got more weightage in the history than the judgement itself and one such case is ADM Jabalpur case decided during the emergency where dissent judgement by Justice Khanna is still revered by the scholars and legal fraternity. It was further ensured that the 44th amendment was brought in with the conformity of the principles laid down by Justice Khanna.
Preventive detention was a weapon which was used by the Britishers and continuing the practice National and State government also adopted this practice. It was the supreme court which came to the rescue of the detainees who were released after the orders by the court as detention was violating the fundamental rights of the citizens.
In the last few years, we have heard the name of SR Bommai case a lot as this is concerned with the power of central government to impose emergency in the state on the failure of constitutional machinery.
The book also discusses the cases on the right to establish the educational institution and right to education which was discussed in multiple cases decided by the constitutional benches.
Apart from these issues, the author has also discussed cases on a reservation in Government jobs, death sentencing and power of President/Governor of clemency, the trend of the court regarding the change in the definition of socialism.
This book is a must-read for anyone who wants to go through the concept of the constitution which is always in news through the lens of case laws.
One of the areas where there was a lot of confusion after the coming up of constitution was amendment power of the parliament which was subsequently through case laws and amendment in the provision clarified. In the course of these events couple of doctrines were laid down by the Hon’ble Supreme Court. It was the time when courts were passing judgements for people and the government was bringing amendments to overturn those judgements. In pursuance of this Kesavananada Bharati case was an epoch-making judgement of the Indian Legal History which expressed that the basic structure of the Constitution cannot be amended in any condition. This was further applied in the Indira Gandhi v. Raj Narain case. The judgement of Minerva Mills case ensured that this doctrine is strengthened. In the course of deciding cases, there have been judgements where dissent opinions have got more weightage in the history than the judgement itself and one such case is ADM Jabalpur case decided during the emergency where dissent judgement by Justice Khanna is still revered by the scholars and legal fraternity. It was further ensured that the 44th amendment was brought in with the conformity of the principles laid down by Justice Khanna.
Preventive detention was a weapon which was used by the Britishers and continuing the practice National and State government also adopted this practice. It was the supreme court which came to the rescue of the detainees who were released after the orders by the court as detention was violating the fundamental rights of the citizens.
In the last few years, we have heard the name of SR Bommai case a lot as this is concerned with the power of central government to impose emergency in the state on the failure of constitutional machinery.
The book also discusses the cases on the right to establish the educational institution and right to education which was discussed in multiple cases decided by the constitutional benches.
Apart from these issues, the author has also discussed cases on a reservation in Government jobs, death sentencing and power of President/Governor of clemency, the trend of the court regarding the change in the definition of socialism.
This book is a must-read for anyone who wants to go through the concept of the constitution which is always in news through the lens of case laws.
August 14, 2016
Though being a little hard to read, because of all the references to different articles in constitution, the book succeeds in emphasizing how the judiciary helps in maintaining the very fabric of our constitution. As put aptly by Justice Vivian Bose "The words in constitution are not just dull lifeless words static and hidebound as in some mummified manuscripts, but living flames...tongues of dynamic fire potent to mould the future as well as guide the present". This very expression echos through a number of cases discussed in the book. Justice Ganguly has not only done a tremendous job in digging out some of the most landmark judgements, but also has put in commendable effort in explaining why they were so remarkable and how they shaped the present interpretation/evolution of constitution. His references to laws from other countries and international covenants, gives a global perspective to the reader.
On a side note, one will have to continuously go through various articles from constitution to understand the book well.
On a side note, one will have to continuously go through various articles from constitution to understand the book well.
June 11, 2019
I wish the author did some more story telling about the circumstances which lead to the court having to deal with these landmark cases. Lots of quotes from law and articles and judgements around the world to prove cases and validate opinions.
February 5, 2019
"They are not just dull lifeless words, static and hidebound, as in some mummified manuscript, but living flames intended to give life to a great nation and order its being, tongues of dynamic fire potent to mould the future as well as guide the present. The Constitution must, in my judgment, be left elastic enough to meet from time to time the altering conditions of a changing world with its shifting emphasis and differing needs."
-Justice Vivian Bose
An astute and pithy compilation of "The Landmark judgements", ( has much more than the "banal" Keshavanada Bharti, Golaknath, Minerva mills, or the Indra Sawhney) depicting the inevitable judicial activism during the times of political crisis in India. The book is a compilation of views on "buzzing" debates (such as capital punishment, Reservation system, Basic Structure Doctrine) by eminent Indian and Western jurists; simultaneously juxtaposing the Indian Constitution with the Constitution of "liberal" Western Democracies.
-Justice Vivian Bose
An astute and pithy compilation of "The Landmark judgements", ( has much more than the "banal" Keshavanada Bharti, Golaknath, Minerva mills, or the Indra Sawhney) depicting the inevitable judicial activism during the times of political crisis in India. The book is a compilation of views on "buzzing" debates (such as capital punishment, Reservation system, Basic Structure Doctrine) by eminent Indian and Western jurists; simultaneously juxtaposing the Indian Constitution with the Constitution of "liberal" Western Democracies.
May 5, 2020
The book illustrates how our Constitution is being amended and interpreted over several years. The plasticity of the constitution is an enriching feature which fine tunes the legal system without losing the core values. Throughout the book there several cases being mentioned. The mere mention of the cases is good for law students to recollect what the case was about. But not ordinary souls like me. An appendix showing the summary of all listed cases would have helped a lot to make the book readable to even a common man.
December 27, 2020
Too complex for common man, may be apt for legal students
February 13, 2024
Horribly written. Does not give context or background to any case. Definitely not written to be accessible to the common Indian man.
November 1, 2016
Two recent offerings on the legal front aptly demonstrate the state of judiciary in India. The executive, the legislature and the judiciary are the three branches of government, both State and Central, in India. Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. The Indian judiciary administers a common law system of legal jurisdiction, in which customs, precedents and legislation, all codify the law of the land. The Constitution of India is the supreme legal document of its jurisdiction, which extends throughout the territory of the country.
Landmark Judgments by Justice Asok K Ganguly, analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgements in cases such as Kesavananda Bharati vs State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi vs Union of India and Others that defined personal liberty and Golaknath vs State of Punjab, where it was ruled that amendments, which infringe upon Fundamental Rights, cannot be passed. The book, amid the rising debate on death penalty, also mentions that “freakish and arbitrary” modes of Capital punishment are making it “lethal lottery”. Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years and the evolution of the judicial system to what it is today. In the book Justice Ganguly argues that “although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts” and it is these judgements that he refers to in the book.
On the other hand, Legal Eagles from Random House India is the story of India’s top seven litigation lawyers, who fought some of the most important corporate battles in Indian courts. Authored by Indu Bhan, one of India’s top legal reporters, these stories chart the journey of these successful lawyers from their childhood days, marking important events in their lives. Their path to success is paved with determination, grit and challenges. The book also contains in-depth accounts of the single-biggest cases handled by each of these lawyers. These include the Vodafone Tax case, Coalgate (the coal block scam), the Reliance PMT Gas case, the Sahara scam and the 2G spectrum controversy. Journalist Indu Bhan gives the reader a ringside view of the lives of these legal eagles and India’s landmark corporate battles.
But there is something seriously disturbing about the second offering. Why only seven lawyers? There are, certainly, several more than the listed seven successful lawyers, who have, during the course of their legal careers, attained as much popularity and respect as those mentioned in the book. It is for the readers to observe and question her justification for excluding one lawyer and including the other. The author has profiled seven top lawyers, who in her own words are the “top seven Indian lawyers”. Are those not mentioned by her not as good as these mentioned?
However, the book is earning critical acclaim from several high profile personalities with Kapil Sibal saying, “(The book) vividly brings to the readers the life and times of these great achievers” and Arun Jaitley terming it “inspiring and thought provoking narrative”. There can be no second thoughts about the efforts that the author has put in to research and understand not only the legal careers but also the personal lives and stories of these seven lawyers. Those disappointed by the names of seven lawyers may find a reason to smile when Indu Bhan decides to come with a Part Two of Legal Eagles for there certainly are many more who deserve as much space as those mentioned by Bhan.
Both these titles, from Rupa Publications and Random House India respectively, are superbly packaged (to say the least) hard bound with simple and captivating covers, curious symbols and priced around Rs 400, they make excellent companions for the shelves of all those who wish to know the Indian Judicial system from a step closer.
First published in Beyond Books, The Statesman.
http://www.inkstreet.in/2016/02/on-la...
Landmark Judgments by Justice Asok K Ganguly, analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgements in cases such as Kesavananda Bharati vs State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi vs Union of India and Others that defined personal liberty and Golaknath vs State of Punjab, where it was ruled that amendments, which infringe upon Fundamental Rights, cannot be passed. The book, amid the rising debate on death penalty, also mentions that “freakish and arbitrary” modes of Capital punishment are making it “lethal lottery”. Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years and the evolution of the judicial system to what it is today. In the book Justice Ganguly argues that “although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts” and it is these judgements that he refers to in the book.
On the other hand, Legal Eagles from Random House India is the story of India’s top seven litigation lawyers, who fought some of the most important corporate battles in Indian courts. Authored by Indu Bhan, one of India’s top legal reporters, these stories chart the journey of these successful lawyers from their childhood days, marking important events in their lives. Their path to success is paved with determination, grit and challenges. The book also contains in-depth accounts of the single-biggest cases handled by each of these lawyers. These include the Vodafone Tax case, Coalgate (the coal block scam), the Reliance PMT Gas case, the Sahara scam and the 2G spectrum controversy. Journalist Indu Bhan gives the reader a ringside view of the lives of these legal eagles and India’s landmark corporate battles.
But there is something seriously disturbing about the second offering. Why only seven lawyers? There are, certainly, several more than the listed seven successful lawyers, who have, during the course of their legal careers, attained as much popularity and respect as those mentioned in the book. It is for the readers to observe and question her justification for excluding one lawyer and including the other. The author has profiled seven top lawyers, who in her own words are the “top seven Indian lawyers”. Are those not mentioned by her not as good as these mentioned?
However, the book is earning critical acclaim from several high profile personalities with Kapil Sibal saying, “(The book) vividly brings to the readers the life and times of these great achievers” and Arun Jaitley terming it “inspiring and thought provoking narrative”. There can be no second thoughts about the efforts that the author has put in to research and understand not only the legal careers but also the personal lives and stories of these seven lawyers. Those disappointed by the names of seven lawyers may find a reason to smile when Indu Bhan decides to come with a Part Two of Legal Eagles for there certainly are many more who deserve as much space as those mentioned by Bhan.
Both these titles, from Rupa Publications and Random House India respectively, are superbly packaged (to say the least) hard bound with simple and captivating covers, curious symbols and priced around Rs 400, they make excellent companions for the shelves of all those who wish to know the Indian Judicial system from a step closer.
First published in Beyond Books, The Statesman.
http://www.inkstreet.in/2016/02/on-la...
March 18, 2016
The courts not only deliver justice, but by interpreting the laws under the rights guranteed under the constititution, they shape the conscience of the nation as well as laying down the due process of how justice will be deilvered to the citizens.
For many decades Indian courts have a very positive role in ensuring that the rights guranteed in the constitution are not usuroped by interested parties. This book is a window on how such action has unfolded over time.
For many decades Indian courts have a very positive role in ensuring that the rights guranteed in the constitution are not usuroped by interested parties. This book is a window on how such action has unfolded over time.
April 25, 2016
This brief yet insightful read into landmark judgements gives an history into the jurisprudence of key rulings. One especially good writeup is the infamous emergency ruling of ADM Jabalpur, where the sole dissenting justice was deprived of elevation to the Chief Justice of India role, yet his ruling became law in the following constitutional amendment. Worth a read for those who wonder why the Supreme Court has overreached.
Displaying 1 - 11 of 11 reviews