Book Review:‘Courts of India – Past to Present’ by Supreme Court of India

Unassuming in its title, the book ‘Courts of India – Past to present’ by the Supreme Court of India could very well be the first of its kind. In the 66 years of the court’s existence, it is the first time that the Bar and the Bench have come together to produce such a work..The authors.The book has no single author, instead the Editorial Board comprises members of both the Bench and the Bar. This board includes three sitting Supreme Court judges – Justices SA Bobde, Rohinton Fali Nariman and UU Lalit – and one judge from the Delhi High Court, Justice Ravindra S Bhat. There are five members from the Bar – Senior Advocates Raju Ramachandran, Indu Malhotra and Sanjay Hegde and advocates K Parameshwar and Gautam Bhatia..The contributors also include a host of sitting and retired judges of the Supreme Court and various High Courts and Senior advocates and lawyers from different parts of the country..The Book.As the title of the book suggest, it is a comprehensive history of courts and judicial system in India. However, this history does not begin with 1949..To quote from the book,.“When we think of history of law and legal institutions in India, we must not think of history as a tabula rusa, upon which the Constitution was written. We must think of it as a beautiful palimpsest, upon which the Constitution is but the last – albeit profoundly important – piece of calligraphy”. .Hence, the book begins with the chapter ‘Indigenous Judicial Structures’ which outlines the country’s ancient legal systems and practices. The focus is on describing theories and principles rather than offering a narrative of historical instances, and gives an insight into the law and values that constituted the foundation of the legal system and the court systems prevalent in ancient and medieval India..Justice and its administration under Hindu and Muslim legal systems are discussed, with various provincial legal systems and administration of justice in tribal areas also finding ample space in the book..Subsequently, the book moves on to one of the most significant chapters in the history of the sub-continent – the arrival of the European colonisers, and their lasting impact on the legal system in India..Legal history during this era is encompassed in three chapters covering three distinct periods. The first period from 1500 – 1700 deals with the first courts that were born out of encounters with the colonisers – the Portugese, the French, and the British or the East India Company to be more precise..The Second period runs from 1726-1860 and deals with the “Charter Trinity Courts” in Bombay, Calcutta and Madras. The establishment of these courts by the East India Company with the authority of the British Crown was a definitive sign of the transformation in the nature of the Company in India – a shift from a trading company to territorial masters..It began with the establishment of Mayor’s court in the presidencies which the book describes as the “first definitive step towards infusion of Anglo-Saxon jurisprudence into the Indian Legal system”. The period culminates with the establishment of Supreme Courts of Judicature in the three presidency towns. The chapter also offers an interesting peek into the adverse impact on the local populace due to the abrupt introduction of English Common law..The third period begins in 1861 after the First War of Independence of 1857 and lasts till 1950. The war of 1857 was a watershed moment as the control of the land passed from the hands of the Company to the Crown. Alongside came a series of political and legal reforms which left its imprint in the legal system of the country to date..The establishment of the High Courts was the most important development of this period. The chapter also deals with the legal systems prevalent in princely states which were administered by kings and were not part of British India..The book then captures the transitory phase during the independence with interesting insights into the Constituent Assembly and its debates. This section is rich in photographs of the Constitution, the leaders of modern India, and members of the Constituent Assembly..A significant amount of time was devoted by the Assembly to discuss the creation of an independent judiciary which eventually culminated in the establishment of the Supreme Court of India..Such is the significance attributed to the single domed structure at Tilak Marg, that an entire chapter in the book is devoted to the Supreme Court of India. The chapter traces some of the finest and darkest, hours in the history of the court including the creation of the Basic Structure doctrine, and the Emergency..Indeed, the book has not shied away from giving the details of the Habeas Corpus case, with a 2-page spread containing a picture of paper clipping from the Hindu on the verdict in the case and a special box dedicated to Justice HR Khanna, as well as the New York Times’ coverage of the verdict..The history of the court is replete with photographs of the Court and various newspaper cuttings which make for a most interesting read..This is followed by details of High Courts in the country after which there is a chapter dedicated to famous trials..The book, however, ends rather abruptly. Besides, that the book (though it deals with the history of courts and legal system) could have included more information on certain landmark statutes like Indian Penal Code, Code of Civil Procedure etc. which have played a significant role in justice administration in modern India..What is special?.What the Supreme Court has done is to make that massive effort to collate and assemble information contained in books, magazines, newspapers and databases scattered in various libraries and courts, across the country..The book also contains little known but fascinating nuggets about the Indian legal system. Thus, we get to know that Portugese had banned Sati before the British, that a Principle and Sessions Court at Tellicherry has been functioning in a building where a District court was established in 1802, that the Supreme Court of India has sat outside Delhi twice in 66 years, and that the original manuscript of the Constitution is illustrated with art work and motifs like the Harappan bull seal..One aspect, which deserves special mention, is the use of wide range of captivating, high resolution photographs that are peppered throughout the book..The Supreme Court and all the High Courts have been captured beautifully. Besides that, photographs sourced from other historical sources are also abundantly used in the book. The archival value of these photographs alone makes this book a “must-buy” for a collector..Final Verdict.The book is written in simple and lucid style making it an easy read for layman. The quality of paper and printing is of the highest standard. Priced at Rs. 2,000, the book is a must read for any student of law. I would strongly recommend the book to any law library – especially law school libraries..Any layman interested in gaining a fair idea of the court and legal systems in the country need not go beyond this book. Lastly, if this book were to be released in vernacular languages, that would only broaden the reach of this fascinating tome..The book can be ordered online here..Images courtesy: Supreme court of India