Landmark Judgments That Changed India

by Asok Kumar Ganguly

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.

Genres: Law, Nonfiction, Legal

186 pages, Kindle Edition

First published August 23, 2015

Reviews

[Dhananjay Kulkarni · Rating 4 out of 5]

Warning: Read this book ONLY IF you are interested in the constitution of India. Constitution of any country (most notably US, UK, India, etc) is declaration of values on which that country and its culture is based. I find it fascinating to see how someone can write the immortal values that would withstand the test of time through progress and changes in reality and customs (to name a few – acceptance of gay orientation, separation of state and religion, banning slavery, terrorism, affirmative action in the West / caste based reservations in India, rise of Internet in all aspects of life and so on and so forth). Nobody who wrote the constitution could have imagined or envisioned all these happenings in short 100 to 200 years. Yet, the constitution (with a few amendments) remain the guiding light for the country and its actions! Constitution saves the country from next generation of greedy and unscrupulous rulers, kneejerk reaction of the masses to the appeals of religious or other leaders, rise of emotional arguments which are appealing but unjust. In short, constitution fascinates me! :-)

This book is a little dry. A little more context of the legal cases would have helped a great deal. First case study is of identification and interpretation of “fundamental rights” in the constitution and how those cannot be altered even by the majority in both the houses. Out constitution is saving us from ourselves in case majority gets emotionally swayed in wrong direction. We have seen this happen only too often in past 100 years in the form of ethnic genocides. The judgments in the book has context of 1975-1977 emergency and MISA era when these fundamental rights of its own citizens were suspended. The judgements and parallels from other constitutions (US, UK) are enlightening.

I read the book over several months and glossed over some of the ultra-dry chapters.

[Ajitabh Pandey · Rating 3 out of 5]

Covers some landmark judgements by the Indian courts, but the language become too legal. I read about most of the landmark cases in some of the other books in the past, but few were new to me.
This book gives good understanding of the interpretations given by courts on some of the conflicting clauses in the IPC and CPC.

[Neelabh Krishna · Rating 3 out of 5]

Book to understand the importance of judiciary

The book is about the landmark cases which resulted in the constitutional amendment or different interpretations of constitution. As per the words of author "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 give sen 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."

[Shaune B. Ryder · Rating 4 out of 5]

An interesting insight & commentary into some of Indians most pivotal judgements that have influenced the course of legal thinking in India. Of course, these are just a handful of cases, since the Indian legal system has been tried and tested with the mundane to the bizarre in the hallowed halls of its courts. A good book for legal students, young advocates and those interested in the intricacies of our legal system. It's more than just a mere reproduction of the case notes or case files, rather it' encapsulates the entire mindset around the kind of cases that our system faces, and displays the brilliant acumen of our legal fraternity.

[Sambasivan · Rating 5 out of 5]

The Indian constitution is a real gem of a document and is meant to protect the individual’s fundamental rights among other objectives. The author clearly focuses on how this has been upheld in the various decisions of the Supreme Court and therefore educates us on the stellar role played by the Judiciary in protecting our democracy and sovereignty. Must read.