Making sense of a decade in the life of judiciary

Gautam Bhatia’s new work analyses key cases that have reshaped our understanding of the constitution

GN Bureau | August 25, 2023


#Supreme Court   #Judiciary   #Law   #Constitution  


Unsealed Covers: A Decade of the Constitution, the Courts and the State
By Gautam Bhatia
HarperCollins, 496 pages, Rs 699.00

Gautam Bhatia, well known for his authoritative ‘The Transformative Constitution: A Radical Biography in Nine Acts’ (2019), has emerged as a leading commentator and explainer for the complicated matters of constitutional law. In August 2013, the Rhodes Scholar with an LLM from Yale University had started a blog, ‘The Indian Constitutional Law and Philosophy Blog’ (https://indconlawphil.wordpress.com/).

It was a timely move. A year later, there was a new government, with an absolute majority after about three decades, and as it started to revise the national agenda, there often cropped up issues relating to the constitutional law. The ruling regime’s vision of nation-building along with its masculine nationalism regularly triggered debates and placed the role of the judiciary in the limelight. The Supreme Court then came to deliver the main headline of the day quite frequently.

The government retained the power in 2019, and the decade that will end next year has been a time when some of the fine lines dividing the democratic institutions have been redrawn, the equations holding them in a network of checks and balance have been redrafted.

The IndConLawPhil blog has been regularly commenting on these developments, for ten years now. Usually it was Bhatia whose detailed posts enlightened the readers about the issues at stake, though there were contributor posts too – all totaling 992 or close to two a week.

“Writing about the Indian Constitution in these last few years has not always been easy on the soul, or on the heart. But in the bleaker moments, the words of the Kenyan civil rights lawyer, Waikwa Wainyoke, serve as a little star of Eärendil: Wainyoke recounts asking Pheroze Nowrojee (one of the doyens of Kenyan civil rights law) why they kept challenging the President’s authoritarian actions in court through the dark periods of Kenyan history, when it was clear they would lose every time. To this Nowrojee – as Wainyoke recounts – said: “For the record! Nothing is more powerful in history than the record,” Bhatia wrote on the blog earlier this month. He added: “This thought is cold comfort at times, but cold comfort is better than no comfort. It is also all we have.”

From that valuable record, 52 essays have been selected for publication in the book form. ‘Unsealed Covers’ thus provides a snapshot of the judiciary during a critical decade. Bhatia examines here the actions of the judiciary and its relationship with the government in terms of evolution and chronology. It also comments on some of the most important judgments of the past decade.

The book is divided in three parts, ‘Rights’ (taking up half the space, concluding with a section on Kashmir after Article 370 – a matter before the apex court right now), ‘Constitutional Structure’ and ‘The Judiciary’.

“The purpose of this book is not to draw any grand conclusions about the judiciary or the state of Indian constitutionalism,” the author notes in his introduction. “Rather, the central focus of this book is to highlight the ways in which the Constitution remains a contested terrain—and which have everything to do with power and powerlessness, who wields power and who is subjected to it, and the actions of those whose task it is to mitigate the impunity of power.”

Pitched that way, ‘Unsealed Covers’ will be of great interest to the community of people called concerned citizens, apart from students and practitioners of law. And future historians.
 

Comments

 

Other News

Yoga Day has changed perceptions about it in ten years: PM

The expanding awareness of Yoga over the past ten years has changed perceptions associated with it, prime minister Narendra Modi said in Srinagar on Friday on the occasion of the International Day of Yoga.   “Yoga is now emerging beyond limited boundaries. The world is witnessing t

Listening to tomorrow: The imperative for youth-driven data in India

Over a decade and a half ago when I was still a student, millennials felt the burning need to break down the barriers of gatekeeping in traditional media. Young voices, brimming with ideas and opinions, were often sidelined, their perspectives deemed too marginal or unrefined for mainstream discourse. This

Israel-Palestine War: Lessons from Past Peace Efforts

Israel-Palestine War: Give Peace a Chance By Dr. Joseph K. Thomas IndiePress, 243 pages, Rs 399 T

How inner work helps subvert painful narratives

Unashamed By Neha Bhat HarperCollins, 240 pages, Rs 499   * How do I connect better with my partner? *&nbs

Heatwave spikes power demand: measures taken to ensure supply

The Northern Region has been experiencing high power demand conditions due to a prevailing heat wave since May 17. Despite these challenging conditions, the highest ever peak demand of 89 GW in the Northern Region was successfully met on June 17. This achievement was made possible by import

PM to release 17th installment of PM-KISAN at Varanasi on Tuesday

Prime minister Narendra Modi will release the 17th instalment of the PM-KISAN scheme on Tuesday at Varanasi and more than 9.26 crore farmers will receive the benefits amounting to over Rs.20,000 crore. The PM will also distribute the certificates to more than 30,000 SHGs trained as Krishi Sakhis to work as

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter