Mr Palkhivala was a renowned lawyer. I came across his name when Justice RF Nariman mentioned him in one of the lectures he was taking on fundamental rights and true to his description, the man deserves all the accolades associated with him
This is not one of those books in which you can trace a single theme which is going along the whole narrative. As the title suggests, it talks about India and since the subject is so vast, a single line of thought will not be able to subsume all hues and shades of the country and its people. But since he was a lawyer, subjects like constitution and democracy appear at multiple places in the narrative
An unfailing index to a democracy's maturity is its degree of respect for the unwritten conventions. I used to think that people cannot be convinced to follow a certain set of propriety so it would be easier to create a legal obligation for them in some or the other way but this is precisely what the author advises us against. He says " We need to stay away from the fallacy of legal solubility to all problems that we face. The true essence of democracy can be preserved only through obervance of the unenforceable." What a neat thought. We fail to realize that if we pursue towards the path of creating a legal obligation for everything, we might end up creating a long-term, widespread, inter-generational hatred against one another. Persuasion, negotiation and interaction will always ensure better results in the long run
Creating legal obligation not only breeds resentment but also leads to putting too much power in the hands of the executive. In the short term, it may seem as a liberator of the oppressed but in the long term, we are creating a permanent weapon for solving a temporary problem and that weapon's usage will depend upon the kind of executive that we are blessed or cursed with. The real essence of a nation's progress can be encapsulated in two words-> Stability and Progress. Government is there to provide stability, individuals are there to achieve the progress. In the name of stability, if we put too much power in the hands of the executive, we are bound to create roadblocks for individual progress
If the present scenario is any evidence, not only its hard to correct what you have done wrong, its harder still to bring in something new which won't be bearing fruits maybe in near future but is bound to be very healthy for the society in the long run. Never in the past staying aware was so important
"God give us men, A time like this demands
Strong minds, great hearts, true faith and ready hands;
Men whom the lust of office does not kill;
Men whom the spoils of office cannot buy;
Men who possess will and an opinion;
Men who have honor, men who will not lie;
Men who can stand before demagogue,
And damn his treacherous flatteries without winking;
Tall men, sun-crowned, who live above the fog
In public duty, and private thinking;
For while the rabble, with their thumb worn creeds,
Their large profession and little deeds;
Mingle in selfish strife, Lo! freedom weeps,
Wrong rules the land and waiting justice sleeps"