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What Did We Miss While Reading Kesavananda Bharti? |’The Cases That India Forgot’ – Lawctopus

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Book Review: The Cases that India Forgot by Chintan Chandrachud

Can a state Legislature imprison a critic and summon a excessive Court choose to seem earlier than it? Are religion-based private legal guidelines above basic Rights? Why did the Punjab police arrange a band to have a good time the defeat of the state in a case of sexual harassment? Is it authorized for the federal government to arm untrained non-public residents to take part in counter-insurgency operations? How did Parliament come to move the First Amendment to the Constitution permitting for caste-based reservations? And why did the Supreme Court acquit a rape accused primarily based on the victims’ sexual historical past? In this guide, constitutional knowledgeable Chintan Chandrachud takes us behind the scenes and tells us the tales of ten extraordinary and dramatic authorized instances from the 1950s to the current day which have all however light from public reminiscence. Written in a energetic, riveting fashion, this guide has a solid of characters that features the who’s who of the Indian authorized system. It additionally paints an sudden image of the Indian judiciary: the Courts will not be all the time on the fitting facet of historical past or justice, and so they don’t all the time have the final phrase on the issues earlier than them. This entertaining guide is an incisive look into the functioning of Indian establishments.

Blurb of The Cases That India Forgot

Check out the guide ‘The Cases That India Forgothere.

About the Book

The Cases that India Forgot, is a must-read book on the cases that we might have not understood the importance of while reading a plethora of case laws in law school. The book carves a legal journey from the 1950s to the present day and takes you on a memorable ride. Divided into four chapters: Politics, Gender, Religion, and National Security, it makes you question the working of our government and society.

Institutional Failure to behind the scenes of the court of law, the book scratches your head till you are thoroughly stunned. 

Review

The Cases That India Forgot is written in a simple yet engrossing, almost irresistible style. If you are a person who has wondered about the independence of the judiciary and the loopholes in the law, all your questions will be answered, although in an unexpected manner.

It tactfully deals with the law of land, in a very real sense while staying true to the essence of the Constitution. I thoroughly enjoyed walking on this thin line of tabloid sensationalism and legal understanding, and I am sure it will speak to you as well. The political and social aspects have been given due recognition in legal cases, which we often overlook due to our myopic perspective. 

The book focuses on the cases which have faded from public memory but should be given equal importance. It is established that our judiciary is not immune to political influence and abuse of position. In the words of the author, ‘National Security is a shield that protects legitimate government action, but it can often be a cover for a multitude of sins’.

Even although the Supreme Court is taken into account the apex courtroom and the Constitution is the Supreme Law of the nation, the judiciary has few taints in its status. Surprisingly, the legislation college curriculum doesn’t make clear dissenting judgments of landmark instances. While we’d understand how Justice Khanna’s dissent in ADM Jabalpur value him the place of Chief Justice, now we have forgotten the worth of Justice Sarkar’s dissent within the Keshav Singh Case.

Similar topics of delicate nature like manipulation of the Constitution under the veil of political sensitivity have been completely explored at size. 

Further, the gender part of the guide delves into the instances of two girls belonging to polar reverse sections of society. However, this divide of their social strata has no bearing on the psychological harassment confronted by a girl whose modesty has been outraged. It was disheartening to know that flag bearers of the structure itself have indulged in sufferer shaming and discrimination.

Touching on unstable topics of caste and faith, the guide serves because the reminder of realizing how private legal guidelines have overridden the rules of secularism and inclusivity. These landmark judgments function a basis stone of our socio-political panorama.

Skipping throughout the obstacles of caste, class, gender, and place, the guide serves as a kaleidoscope of legalism.

Check out the guide ‘The Cases That India Forgot’ here.

Stand-out Factors

The guide is rooted in actuality, which is spectacular. It presents you a reality by reality account of issues, making you increase eyebrows and ask questions.

Needless to say, these 200 pages present a special but worthwhile perspective in direction of the world of legislation. 

My Rating

Go purchase it proper now and focus on it along with your academics/colleagues/friends!

About the Author:

Legal luminary and Constitutional Law knowledgeable, Chintan Chandrachud comes from the household unit of authorized giants like Hon’ble Justice D. Y. Chandrachud and Hon’ble Justice Y.V. Chandrachud. The writer is blessed with a watch for the structure and authorized intricacies, which exhibits in his aptitude for writing. 

Other books by the Author

Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom (2020) (see here).

Check out the guide ‘The Cases That India Forgothere.

You might take a look at different blogs posts at Lawctopus here.

To submit a write-up e-mail umang.poddar@lawctopus.com

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