Book Review: “10 Judgements that changed India”

We are often told not to judge a book by its cover. However I am tempted to dispense with judicial restraint after reading, “10 Judgements that Changed India”. Through this book, India’s leading corporate lawyer Zia Mody takes the reader through judicial opinions given by India’s Supreme Court which have determined its path and polity. Even before we start flipping the pages, a cover conceptualised on the Preamble to the Constitution of India greets us. Through the visual form and choice of calligraphy, the reader is invited into the intimidating world of gowns and bands. This care and detail one comes to expect till the last word on the last page..With respect to the selection of the ten judgements, the author herself acknowledges in the Prologue that given the rich precedent, some omission is natural. This is mitigated to a large extent with the pedigree and the progeny which is given for each case dealt in individual chapters. Starting with the landmark judgement in Keshavananda Bharti v. Union of India a template is set for the cases which follow. Here, the quality of the prose is in its clarity. A task, given the subject is constitutional law. Short and succinct summaries of cases commence with providing a background. After setting a context, the legal arguments are flagged and then the reasoning and decision is stated. All of this is done seamlessly and consistently throughout the book. It strikes a balance between providing enough depth and detail where it does not disappoint a regular court watcher or a complete stranger. This is commendable given that legal publications catering to a general audience run the risk of dumbing text and dispensing nuance..One important task which the author carries through is presenting the criticisms of each judgement. These range from the verbiage of Keshavnanda Bharti to the expansion of jurisdiction in Maneka Gandhi v. Union of India. For instance, the author when analysing the effect of the Supreme Court’s decision in Mohammed Ahmed Khan v. Shah Bano Begum, weaves the communal reaction to the legal effect of the verdict. The author fairly sets out the rise of vote bank politics with the passage of the Muslim Women (Protection of Rights in Divorce) Act, 1986. The Ram Janam Bhoomi Agitation and the riots subsequent to the vandalism of Babri Masjid also find mention. This is linked to the reproach of the Supreme Court in Danial Latifi v. Union of India. As stated, when the Court re-examines the issue of maintenance to Muslim women, it does this time with “restraint and diplomacy”..One of my favourite chapters is devoted to judicial appointments and the independence of the Judiciary. The expansion of its own jurisdiction and lack of transparency in appointments is to me the original sin of the Supreme Court. The chapter analysing the decision of the Supreme Court in Supreme Court Advocates-on-Record Association v. Union of India and the subsequent presidential reference sets out how the judiciary emphasised primacy in judicial appointments. This analysis brings to fore how the subsequent practice which developed was non-transparent and was criticised by the same judges who rendered the decision in Second Judges case..Another aspect where the book provides a deep insight is the human rights jurisprudence of the Supreme Court. This is touched in various chapters, commencing from the rights of hawkers and housing in Olga Tellis v. Bombay Muncipal Corporation, to the unfulfilled promises of Union Carbide Corporation v. Union of India. In times where cynicism has seeped into public perception, these chapters provide reassurance as to the proper role of India’s constitutional court..Often a law library is built with expensive leather bond volumes as an indica of success. Books are nothing more than furniture, to adorn a wooden shelf and even to intimidate a client. “10 Judgement that Changed India” will definitely be a stranger here. Its place is in your hand. To be firmly held by its spine..Cover image taken from here. .Apar Gupta, a frequent contributor to Bar & Bench, is a Partner at Advani & Co.