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India's Legal System: Can It Be Saved [Paperback] [Jan 01, 2017] Fali S.Nariman
India has the second-largest legal profession in the world, but the systemic delays and chronic impediments of its judicial system inspire little confidence in the common person. In India's Legal System, renowned constitutional expert and senior Supreme Court lawyer Fali S. Nariman explores possible reasons. While realistically appraising the criminal justice system and the performance of legal practitioners, he elaborates the different aspects of contemporary practice, such as public interest litigation, judicial review and activism. In lucid, accessible language, Nariman discusses key social issues such as inequality and affirmative action, providing real cases as illustrations of the on-ground situation.
This frank and thought-provoking book offers valuable insights into India's judicial system and maps a possible road ahead to make justice available to all.
This frank and thought-provoking book offers valuable insights into India's judicial system and maps a possible road ahead to make justice available to all.
184 pages, Paperback
First published July 7, 2006
About the author
Fali S. Nariman
18 books69 followersFali Sam Nariman is a distinguished Indian Constitutional jurist and senior advocate to the Supreme Court of India since 1971 and has remained the President of the Bar Association of India since 1991.Nariman is an internationally recognised authority on international arbitration. He is one of India's most distinguished constitutional lawyers and he has argued several leading cases.He remained Additional Solicitor General of India May 1972- June 1975.
He has been awarded the Padma Bhushan (1991), Padma Vibhushan (2007)and Gruber Prize for Justice (2002) and has remained nominated member of the Rajya Sabha, the Upper House of the Parliament of India for a term (1999–2005).Also honoured by NDTV among the 25 living Indian legends on December 14, 2013.
Born in 1929 in Rangoon to Sam Bariyamji Nariman and Banoo Nariman, Fali did his schooling from Bishop Cotton School, Shimla. Thereafter he studied B.A. (Hon.), in Economics and History from St. Xavier's College, Bombay (now Mumbai), followed by a Law degree (LL.B.) from the Government Law College, Mumbai in, 1950, after standing first in the Advocate's Examination and been awarded the Kinlock Forbes Gold Medal and Prize for Roman Law & Jurisprudence.His father initially wanted him to write the Indian Civil Service Examination. Since he could not afford it at that time, he chose law as his last option.
Nariman started his law practice at the Bombay High Court. After practicing for 22 years, he was appointed a Senior Advocate in the Supreme Court of India in 1971, a position he retains to date. He said that "My senior's senior, Jamsetjee Kanga was my mentor. He was like a father figure to me. He died at 93 and he is the one who, at the age of 92, told me that he was still learning. He had a tremendous memory and so does my son Rohinton. He was an Ordained Priest and so is Rohinton."[8]
Nariman was instrumental to the development of the Indian Constitution's Law. Nariman was Additional Solicitor General of India from May 1972 to 25 June 1975, resigning from that post upon the Declaration of Emergency on 26 June 1975.
Nariman argued in favour of Dow chemicals (the owned by Union carbide) in the infamous Bhopal gas disaster case, which he admitted as a mistake in recent times.He was instrumental in getting a deal between victims and the company outside court, which offered an amount of $470 million to the victims. He also argued in the famous case of the Supreme Court AoR Association, in which the Supreme Court took over the appointment of judges in the Higher Judiciary. He also appeared in many important cases like Golak Nath, S.P. Gupta, T.M.A. Pai Foundation, etc.
Nariman is the recipient of the Padma Vibhushan (in 2007) and Padma Bhushan (in 1991), respectively the second and third highest honors granted to civilians by the President of India. Both awards were for Nariman's contributions to jurisprudence and public affairs. Nariman was awarded the Gruber Prize for Justice in 2002.He dedicated his awards to his alma mater Bishop Cotton School in Shimla.
His books serves as an outstanding scholarly treatise on the Constitutional Law, its interpretation and application. His concern as a citizen of India laces all his writings and remains an inspiration for every student of Indian Law.
He has been awarded the Padma Bhushan (1991), Padma Vibhushan (2007)and Gruber Prize for Justice (2002) and has remained nominated member of the Rajya Sabha, the Upper House of the Parliament of India for a term (1999–2005).Also honoured by NDTV among the 25 living Indian legends on December 14, 2013.
Born in 1929 in Rangoon to Sam Bariyamji Nariman and Banoo Nariman, Fali did his schooling from Bishop Cotton School, Shimla. Thereafter he studied B.A. (Hon.), in Economics and History from St. Xavier's College, Bombay (now Mumbai), followed by a Law degree (LL.B.) from the Government Law College, Mumbai in, 1950, after standing first in the Advocate's Examination and been awarded the Kinlock Forbes Gold Medal and Prize for Roman Law & Jurisprudence.His father initially wanted him to write the Indian Civil Service Examination. Since he could not afford it at that time, he chose law as his last option.
Nariman started his law practice at the Bombay High Court. After practicing for 22 years, he was appointed a Senior Advocate in the Supreme Court of India in 1971, a position he retains to date. He said that "My senior's senior, Jamsetjee Kanga was my mentor. He was like a father figure to me. He died at 93 and he is the one who, at the age of 92, told me that he was still learning. He had a tremendous memory and so does my son Rohinton. He was an Ordained Priest and so is Rohinton."[8]
Nariman was instrumental to the development of the Indian Constitution's Law. Nariman was Additional Solicitor General of India from May 1972 to 25 June 1975, resigning from that post upon the Declaration of Emergency on 26 June 1975.
Nariman argued in favour of Dow chemicals (the owned by Union carbide) in the infamous Bhopal gas disaster case, which he admitted as a mistake in recent times.He was instrumental in getting a deal between victims and the company outside court, which offered an amount of $470 million to the victims. He also argued in the famous case of the Supreme Court AoR Association, in which the Supreme Court took over the appointment of judges in the Higher Judiciary. He also appeared in many important cases like Golak Nath, S.P. Gupta, T.M.A. Pai Foundation, etc.
Nariman is the recipient of the Padma Vibhushan (in 2007) and Padma Bhushan (in 1991), respectively the second and third highest honors granted to civilians by the President of India. Both awards were for Nariman's contributions to jurisprudence and public affairs. Nariman was awarded the Gruber Prize for Justice in 2002.He dedicated his awards to his alma mater Bishop Cotton School in Shimla.
His books serves as an outstanding scholarly treatise on the Constitutional Law, its interpretation and application. His concern as a citizen of India laces all his writings and remains an inspiration for every student of Indian Law.
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Displaying 1 - 28 of 28 reviews
April 11, 2015
Fali S. Nariman's erudition and earnest passion makes the book a compelling read for all students of Law, Constitution and Political Science of India. He approaches the subject at hand in a steady pace and rushes not by taking hurried explanations. Brief, self-contained and introductory, as it should be, this small wonderful book is a beginner's companion for anyone who wants to learn about the basics and origins of Indian Judiciary. I particularly enjoyed his explications of what ails the Indian Judicial system and the reforms that are required to be unleashed to bring about a constructive change. However, I wish the author had included much more about how the tools of technology, especially extensive computerisation, could be used to bring about a much-needed change and the application of various management policies for the remedy. But, for that, the author would have to choose a different medium and a much bigger book, perhaps.
P.S: I have written on another space about what really plagues our Indian Judiciary. Here, read on: https://readsumi.wordpress.com/2015/0...
P.S: I have written on another space about what really plagues our Indian Judiciary. Here, read on: https://readsumi.wordpress.com/2015/0...
January 16, 2015
I love this man.! A plunge into depth of legal waters without the undercurrents of frightening legal terms. A must-read for those who want to know about the yesteryear and present-day happenings in Indian judiciary. Also,a clear analysis by one of the brightest legal minds India has ever produced,logical,but not lacking in personal perspectives.
January 27, 2017
3.5/5 A good introduction to the legal system and its flaws. Wish though that the book dealt in length and depth with the topics and suggestions. Loved the legal history of India that he has narrated.
November 22, 2018
Recently I was having an argument with my friends regarding the present status of the nation and how can it be improved. A lot of them were suggesting that a strong judiciary would go a long way to achieve the desired result. I was confused regarding the suggestion as how much more powerful should the judiciary of a nation be? This book went a long way in unraveling this conundrum
This book is very short and simple, very unlike the previous book of the author that I read. But it has succeeded in hitting the point home and I would suggest that everyone should definitely read this one
Whenever we suggest that a strong and independent judiciary will right all wrongs of a nation, we say so with the belief that judiciary will prevail over executive and legislative mishaps which deprive us of our rights. This isn't a false belief as it happens many a times case after case. But the problem is that when this expectations of ours kick in, we are actually subsidizing the inefficiency of executive and legislative bodies by burdening the judiciary with the final call on any subject. Judiciary is not infallible, the best example of this is the decision given in the Berubari Union case 1960 when it was pronounced that the Preamble to the constitution isn't a part of constitution. This was reversed in Keshavananda Bharti Case, 1973 when SC said that it Preamble forms the basic structure of constitution. This was further buttressed by the LIC of India case in 1995 when it was finally declared that the preamble forms the integral part of the constitution
" Justice delayed is Justice denied"- A very famous statement quoted now and then when judicial proceedings takes time. We must not forget that the judges play the role of interpreters of the constitution and the process takes time. Anyway, the chronological length of any case is not helped by the fact that people use their right to unlimited appeals such that the decision in case of their private battles are turned in their favor at the expense of public money and time. Apart from the three-tiered structure of judiciary in our country, several tribunals and statutory bodies and positions have also come up to ease the burden of higher judiciary but instead of bringing in an element of finality in the cases, these tribunals and Statutory positions/bodies are acting as a funnel through which all the cases are reaching to higher judiciary. These have became new stops in the overall journey of the SC
Some technical flaws can also be blamed for the loss of time. Every judicial pronouncement by the SC is binding for all the courts and tribunals under article 141, which means that whenever a case comes up, precedent related to that case comes into picture which takes a hell lot of time to study and draft the case at hand. Americans have come up with a novel way to deal with this kind of problem. In every 15 years, they undertake an exercise called reinstatement in which the most learned lawyers and retired judges come together to extract the principles from the past cases of 15 years. Once the reinstatement exercise gets over, no advocate can quote any case prior to the reinstatement. Unfortunately, no such exercise exists in India
Contempt of court is one other issue which has been highlighted in the recent times and has not been taken kindly in the public opinion. The best example is that of treatment of Arundhati Roy in the case of Narmada dam. How important is freedom of speech, especially the just criticism of judiciary cannot be captured in a better way than Justice Albie Sachs of South Africa:
" It is easy for a judge to uphold freedom of speech when it's innocuous. The time when it requires constitutional protection is precisely when it hurts!"
This book is very short and simple, very unlike the previous book of the author that I read. But it has succeeded in hitting the point home and I would suggest that everyone should definitely read this one
Whenever we suggest that a strong and independent judiciary will right all wrongs of a nation, we say so with the belief that judiciary will prevail over executive and legislative mishaps which deprive us of our rights. This isn't a false belief as it happens many a times case after case. But the problem is that when this expectations of ours kick in, we are actually subsidizing the inefficiency of executive and legislative bodies by burdening the judiciary with the final call on any subject. Judiciary is not infallible, the best example of this is the decision given in the Berubari Union case 1960 when it was pronounced that the Preamble to the constitution isn't a part of constitution. This was reversed in Keshavananda Bharti Case, 1973 when SC said that it Preamble forms the basic structure of constitution. This was further buttressed by the LIC of India case in 1995 when it was finally declared that the preamble forms the integral part of the constitution
" Justice delayed is Justice denied"- A very famous statement quoted now and then when judicial proceedings takes time. We must not forget that the judges play the role of interpreters of the constitution and the process takes time. Anyway, the chronological length of any case is not helped by the fact that people use their right to unlimited appeals such that the decision in case of their private battles are turned in their favor at the expense of public money and time. Apart from the three-tiered structure of judiciary in our country, several tribunals and statutory bodies and positions have also come up to ease the burden of higher judiciary but instead of bringing in an element of finality in the cases, these tribunals and Statutory positions/bodies are acting as a funnel through which all the cases are reaching to higher judiciary. These have became new stops in the overall journey of the SC
Some technical flaws can also be blamed for the loss of time. Every judicial pronouncement by the SC is binding for all the courts and tribunals under article 141, which means that whenever a case comes up, precedent related to that case comes into picture which takes a hell lot of time to study and draft the case at hand. Americans have come up with a novel way to deal with this kind of problem. In every 15 years, they undertake an exercise called reinstatement in which the most learned lawyers and retired judges come together to extract the principles from the past cases of 15 years. Once the reinstatement exercise gets over, no advocate can quote any case prior to the reinstatement. Unfortunately, no such exercise exists in India
Contempt of court is one other issue which has been highlighted in the recent times and has not been taken kindly in the public opinion. The best example is that of treatment of Arundhati Roy in the case of Narmada dam. How important is freedom of speech, especially the just criticism of judiciary cannot be captured in a better way than Justice Albie Sachs of South Africa:
" It is easy for a judge to uphold freedom of speech when it's innocuous. The time when it requires constitutional protection is precisely when it hurts!"
June 1, 2013
Slow beginning. Interesting middle. Spectacular ending. The authors nuanced analysis and his pinpointing of the problems facing the Indian Justice System and Justice by are spectacular.
If only we can get the law makers and more importantly the law enforcers (judges) to read this
If only we can get the law makers and more importantly the law enforcers (judges) to read this
February 15, 2025
a perfect blend of objective and subjective truths by the great mr. nariman himself
March 12, 2016
A slow beginning, it picks up pace in the middle and ends with a series of spectacular analyses that is characteristic of the legend that is Fali S. Nariman. The book takes us through the development of India's legal system from the Manusmriti and the Arthashastra to modern day landmark judgments, while comparing our jurisprudence with prominent others' across the globe.
It highlights the glaring inconsistencies and lacunae in our legal system- some deliberate, while most, inertial. I especially enjoyed his discourse on the adversarial versus inquisitorial form of judicial proceedings, as well as the increasing void between law and justice- and how the legal profession can mend itself. A must read for all budding lawyers!
It highlights the glaring inconsistencies and lacunae in our legal system- some deliberate, while most, inertial. I especially enjoyed his discourse on the adversarial versus inquisitorial form of judicial proceedings, as well as the increasing void between law and justice- and how the legal profession can mend itself. A must read for all budding lawyers!
September 8, 2014
This is not really a book but an essay on the Indian legal system. Starting with its historical origins, Mr. Nariman describes how it developed and took the current form. Then he explains the problems which are plaguing the Indian legal system and how we can get rid of these problems. He gives examples from major legal systems around the world and to prove his point quotes many legal thinkers.
Although not edited properly, but the book raises many pertinent questions and is a good read for anyone interested in the Indian legal system.
Although not edited properly, but the book raises many pertinent questions and is a good read for anyone interested in the Indian legal system.
December 23, 2018
Provides a worthwhile perspective on the historical roots of the Indian judiciary and the predicaments that currently plague the system. While anyone with a passing interest in the indian judicial system should read this book, I would point out the following:
1) The audience for this book is not entirely clear - at times it presumes familiarity with legal terms, and at other instances it explains basic facts that one would expect anyone from the legal profession to know. I am not a student of law, so at times I had to reach out to friends to understand some of the vocabulary.
2) This is an opinionated essay that focuses almost exclusively on the role of judges and courts in dispensing justice - it doesn’t deeply engage with the role of lawyers. One of the more interesting claims in the book is that judges are too often passive observers of evidence demonstrated in court as opposed to active pursuers of justice (e.g., in cases like best bakery the court could have taken notice of the fact that a majority of the witnesses turned hostile, as opposed to simply passing a judgement). There are also some observations on the current practice of case law. However very little of the onus in making these systems function is placed on lawyers. Or so it seems from my perspective - if it is in fact impossible for lawyers to collectively influence these actions, then that POV is neither clearly stated nor defended.
3) The authors positions reveal a tension between the need to dispense judgements with speed and to uphold the ideas of justice that is not thoroughly explored. After reading this book I am not sure what the ideal balance is, or how to think about it. On one hand the Supreme Court is expected to uphold the highest standards for justice, and correct any obvious transgressions made by the lower courts. On the other hand, the author favors the need to limit appeals to higher courts, in order to make the judiciary more efficient. Finding an optimal balance between these two needs seems to be dependent on individuals as opposed to a systematic solution (and perhaps that is a fundamental constraint with a legal system dependent on individuals interpreting the law). Strangely however these arguments are not examined together and viewed as independent needs.
- Written stream of conscious on an iPhone, with typos, warts and all.
1) The audience for this book is not entirely clear - at times it presumes familiarity with legal terms, and at other instances it explains basic facts that one would expect anyone from the legal profession to know. I am not a student of law, so at times I had to reach out to friends to understand some of the vocabulary.
2) This is an opinionated essay that focuses almost exclusively on the role of judges and courts in dispensing justice - it doesn’t deeply engage with the role of lawyers. One of the more interesting claims in the book is that judges are too often passive observers of evidence demonstrated in court as opposed to active pursuers of justice (e.g., in cases like best bakery the court could have taken notice of the fact that a majority of the witnesses turned hostile, as opposed to simply passing a judgement). There are also some observations on the current practice of case law. However very little of the onus in making these systems function is placed on lawyers. Or so it seems from my perspective - if it is in fact impossible for lawyers to collectively influence these actions, then that POV is neither clearly stated nor defended.
3) The authors positions reveal a tension between the need to dispense judgements with speed and to uphold the ideas of justice that is not thoroughly explored. After reading this book I am not sure what the ideal balance is, or how to think about it. On one hand the Supreme Court is expected to uphold the highest standards for justice, and correct any obvious transgressions made by the lower courts. On the other hand, the author favors the need to limit appeals to higher courts, in order to make the judiciary more efficient. Finding an optimal balance between these two needs seems to be dependent on individuals as opposed to a systematic solution (and perhaps that is a fundamental constraint with a legal system dependent on individuals interpreting the law). Strangely however these arguments are not examined together and viewed as independent needs.
- Written stream of conscious on an iPhone, with typos, warts and all.
November 7, 2025
Surprisingly, it was an excellent and enjoyably thought-provoking read. Oftentimes, legal treatises tend to be dry and fact-laden without a glimmer of spirit; this title escaped that trap. For those who simply enjoy learning about law or new topics, these discursive analyses will make an intriguing read. For those involved in jurisprudence—particularly Indian jurisprudence—there is a wealth of information in this slim volume. Perhaps I am a bit biased being a professor of law at an Indian university, but I honestly believe this was an enjoyable and informative read.
This book took me several months to read, not because it was difficult or uninteresting, but just due to the fact that working in India drains the very lifeblood out of you and leaves you without a second to yourself.
There are numerous topics discussed, so I will not analyze all of them. Nariman provides a concise overview of India's justice system, highlighting both its strengths and weaknesses.
Some of the more interesting elements discussed include the doctrine of prospective overruling (pp. 73-75), the right not to self-incriminate, and the doctrine of res judicata as per §20(3) under the Indian Constitution (p.88) The issue of weaponized contempt v. freedom of expression as guaranteed under the fundamental constitutional rights is also analyzed. On pp 93 -94 Nariman echoes the insights of Herbert L. Packer's dual model of justice, which balances statutory law enforcement and procedural due process.
Nariman pleads the case for improved case management, comparing the US model of legal restantment to India and the UK's overreliance on outdated precedent.
Highly recommended
This book took me several months to read, not because it was difficult or uninteresting, but just due to the fact that working in India drains the very lifeblood out of you and leaves you without a second to yourself.
There are numerous topics discussed, so I will not analyze all of them. Nariman provides a concise overview of India's justice system, highlighting both its strengths and weaknesses.
Some of the more interesting elements discussed include the doctrine of prospective overruling (pp. 73-75), the right not to self-incriminate, and the doctrine of res judicata as per §20(3) under the Indian Constitution (p.88) The issue of weaponized contempt v. freedom of expression as guaranteed under the fundamental constitutional rights is also analyzed. On pp 93 -94 Nariman echoes the insights of Herbert L. Packer's dual model of justice, which balances statutory law enforcement and procedural due process.
Nariman pleads the case for improved case management, comparing the US model of legal restantment to India and the UK's overreliance on outdated precedent.
Highly recommended
March 22, 2020
Positives:
The content of this book is something every civic-minded citizen (I hope that's everyone) should read. The author lists systemic issues in our judiciary. The story about how India lost its culture of arbitration and mediation to adversarial litigation is an eye opener. To read that the protections against actions of groups of people granted to US citizens by the Civil Rights Act 1964 is missing from the Indian counterpart is disheartening. The backlog of cases faced by the judiciary and the short-staffed system is pretty well-known. As is the broken system that enables delayed justice. (tareekh pe tareekh anyone?) The technicalities behind these flaws and the data highlighting the problem are well articulated.
Room for improvement:
The book could use some editorial feedback. It suffers from overly long sentence constructions. As a reader, I lost track of the beginning of the sentence by the time I reached the end of it in multiple places.
The author highlights the problems but does not present any mechanism or debate for citizens to solve these problems. He proposes solutions (some of them controversial IMHO) but does not present view points to support them. Quotes from famous people with similar opinions are used too often for my liking. Would prefer him to instead list supporting and opposing arguments and conclude on the strength of supporting arguments. (ex., his proposal to remove the right to silence for accused in terrorism cases)
A good book overall for everyone who likes to be informed on the civic problems of the country.
The content of this book is something every civic-minded citizen (I hope that's everyone) should read. The author lists systemic issues in our judiciary. The story about how India lost its culture of arbitration and mediation to adversarial litigation is an eye opener. To read that the protections against actions of groups of people granted to US citizens by the Civil Rights Act 1964 is missing from the Indian counterpart is disheartening. The backlog of cases faced by the judiciary and the short-staffed system is pretty well-known. As is the broken system that enables delayed justice. (tareekh pe tareekh anyone?) The technicalities behind these flaws and the data highlighting the problem are well articulated.
Room for improvement:
The book could use some editorial feedback. It suffers from overly long sentence constructions. As a reader, I lost track of the beginning of the sentence by the time I reached the end of it in multiple places.
The author highlights the problems but does not present any mechanism or debate for citizens to solve these problems. He proposes solutions (some of them controversial IMHO) but does not present view points to support them. Quotes from famous people with similar opinions are used too often for my liking. Would prefer him to instead list supporting and opposing arguments and conclude on the strength of supporting arguments. (ex., his proposal to remove the right to silence for accused in terrorism cases)
A good book overall for everyone who likes to be informed on the civic problems of the country.
May 16, 2017
it is a good book I liked it being a lawyer I know that indian legal system is in mess there are more than 3 crore cases pending in our courts. our legal education is not of good quality there are too many lawyers in india. I was not happy in my legal profession too much stress , no work that is why I made a decision to settle in u.s.a but I like to read a lot of books about law I like to read different judicial systems of the world
May 8, 2018
A concise and interesting commentary on India’s judicial system and it’s working! It’s still a sea of knowledge for an ordinary citizen.
The subject matter of book in a way can be concluded in the author’s words
“armed with a written constitution, our proud boast in India is that we are a nation governed by laws and not by men and women. But this is true only in theory: the law is ultimately what the judges of the highest court say it is.”
The subject matter of book in a way can be concluded in the author’s words
“armed with a written constitution, our proud boast in India is that we are a nation governed by laws and not by men and women. But this is true only in theory: the law is ultimately what the judges of the highest court say it is.”
November 27, 2019
This book gives you the spectre of judicial system from ancient ages to modern times in India....and it briefly discusses the key issues faced by judiciary in India and the simple way to solve it..
August 27, 2020
Everyone should read this book.
October 31, 2020
All about how has indian legal system starting from dharmashastra to common law.
Traditions are also given due coverage. As in how traditions form Indian law.
Traditions are also given due coverage. As in how traditions form Indian law.
February 17, 2019
Mr. Fali s. Nariman has brilliantly and briefly written the origin, development, fallacies and flaws of the Indian legal system. Also recommended some suggestions regarding how to make it or work it better. Must read for lawyers and law students.
June 3, 2020
Another book I read with my daughter (she read, I listened). A wonderful book shedding light to the nooks and corners of Indian legal system. Hopefully the system will notice the weaknesses and rectify them in coming years.
July 22, 2019
"India's Legal System: Can it Be Saved?" isn't really a book. It's like a big pamphlet. I say this because from the title we infer that this book will take a deep dive into the issues crippling our judicial system. It doesn't. First of all, the actual discussion on issues starts towards the end of the first half of this 140 odd page little paperback. Secondly, only a few issues are listed and even they aren't discussed in much detail
The only interesting portion in the book is at the beginning where the author writes about the history of law in India. From then on there's hardly any structure to it. It just jumps from one thing to the other. The writing for a large part of the book is very technical. I hope it was simpler so that any layman like myself could grasp it. The book uses a very soft-handed approach towards judges and lawyers. It tries to give them a pass and hide their mistakes/inefficiencies. This is quite evident when the topic of 'contempt' comes up in the book. Also, the book ignores some other really important issues for example: having vaguely worded loose laws that are applied as per the whims of the judges(e.g 295 A).
Overall, if you want to learn about the issues plaguing our legal system then this book won't serve that purpose.
The only interesting portion in the book is at the beginning where the author writes about the history of law in India. From then on there's hardly any structure to it. It just jumps from one thing to the other. The writing for a large part of the book is very technical. I hope it was simpler so that any layman like myself could grasp it. The book uses a very soft-handed approach towards judges and lawyers. It tries to give them a pass and hide their mistakes/inefficiencies. This is quite evident when the topic of 'contempt' comes up in the book. Also, the book ignores some other really important issues for example: having vaguely worded loose laws that are applied as per the whims of the judges(e.g 295 A).
Overall, if you want to learn about the issues plaguing our legal system then this book won't serve that purpose.
March 11, 2013
A book written by a leading constitutional expert, lawyer and president of Bar Association of India was expected to be insightful and thought provoking. This book counters many general belief about the legal system in India and compares it to the legal system in USA and Britain through many different case studies. Indian legal system has always been influenced by the various races that lived on this land. The effect of Hindu Law or smrities and Dharmshastras on Indian law system is eminent. The British rule in India for 200 years has designed the modern law system and that's why there is a striking similarity between the two systems. This essay raises many serious question on the validity of laws and the role of judges. My ignorance about Indian Legal System kept me interested in reading this book and enhanced my knowledge a lot.
June 29, 2013
Book deals with the history of Legal system of India, how it had evolved and how it is working today. In some instances, it explained how some act by Parliament and Constitution intersect each other. It pertinently explained the current status of the India's Legal System, problems faced by it and recommendation given by Law Commission of India and other panels to overcome the shortcoming.
In short, it is very good and importantly, brief account for understanding India's Legal System.
In short, it is very good and importantly, brief account for understanding India's Legal System.
November 8, 2015
fali S nariman is the authority in constitutional law. this can be seen when one go through this book. a small book bit heavy researched with example and anecdote being shares from number of place make it a research book. differnet legal aspect has being shared in a point wisw manner with suitable explanation. various issues has been raised by author and sufficient explanation has also being provided by him. this book is always useful for informed citizen and student of law
May 19, 2016
Great introduction to India's legal system for any lifelong learner. Nariman succinctly captures its major principles and wherever there are multiple perspectives, tries to present all of them. The title is misleading - he does not really focus on why the system needs 'fixing' and how that could be done.
March 26, 2020
The book is a great introduction for students of law and political science to how Indian law is evolved. In around 150 pages, it takes the readers through the annals of Indian legal system from its origins to the present. The problems faced by India's legal system have been enumerated with sufficient detail, that leave the reader with a want to explore more.
August 12, 2015
a book beautifully written but considering the fact that it was Nariman saheb who had argued on behalf of union carbide w.r.t Bhopal gas tragedy case. I find it as a hypocrite's critique on our judicial system.
September 24, 2014
Short, succinct and revolutionary !!
March 26, 2015
A very good commentary on the present situation of the Indian Legal System. Mr. Nariman has given a very good insight of the problems faced by the system and the possible solutions to it.
Displaying 1 - 28 of 28 reviews