Title: Landmark Judgments that Changed India
Author: Asok K Ganguly
Genre: Non-fiction, Law
Published: 2015
BookMarks
As the title says, the book focusses on some of the key cases which provided landmark precedents and brought the Constitution into its current shape. Over the years, the judiciary through its interpretations has adapted the legal system from its British origins to one more suitable for India.
The major cases discussed in the book include (a) Kesavananda Bharati v. State of Kerala, which limits the power of Parliament to amend the Constitution; (b) Maneka Gandhi v. Union of India which defined personal liberty; (c) Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed.
Following are some of the highlights from the book
- Definition of Constitution: The set of the most important rules and common understandings in any given country that regulate[s] the relations among that country’s governing institutions and also the relationship between those governing institutions and the people of that country.
- The Constitution is the autobiography of a nation - it 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.
- The Indian Constitution is based on three fundamentals, which form the core of constitutionalism. They are: (1) A written Constitution, (2) A chapter on fundamental rights, and (3) Limited government
- In all representative democracies that the government is one of laws and not of men.
- The book emphasizes the role of due process and precedence. As it states, the law is uncertain. It does not cover all the situations, where the decision may go either way. Hence the need to follow the due process always.
Overall, an interesting read on how some judgements have played a key role in shaping the Constitution.
Previously on BookMarks: Learning How to Fly
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