The Cases That India Forgot by Chintan Chandrachud is an engaging book that brings attention to ten forgotten yet important legal cases in India’s history. Spanning from the 1950s to the present, the book dives deep into cases that have shaped constitutional debates and impacted Indian society. Chandrachud, a constitutional expert, takes readers behind the scenes of these dramatic courtroom battles, exploring the conflicts between fundamental rights, personal laws, gender justice, state policies, and national security. Written in a simple and engaging style, it is perfect for readers outside the legal profession who want to understand the functioning of Indian courts and the impact of historic judgments. The Cases That India Forgot makes judicial history accessible and relevant to all. Chandrachud explains that the Indian courts are not always fair or right in their decisions and do not always have the final say on important issues.
The cases discussed in The Cases That India Forgot touch upon various critical issues. For instance, can a state legislature imprison a critic or summon a high court judge? Are religion-based personal laws above fundamental rights? What powers does the state have over private enterprises? Questions like these are addressed through landmark cases such as the Mathura rape case (Tukaram v. State of Maharashtra), Keshav Singh v. State of UP, and Kartar Singh v. State of Punjab. The author also examines sensitive topics like reservations, equality, national security laws like TADA, and the relationship between the judiciary and legislature. Each case is explained with relevant facts and historical context, offering readers a comprehensive understanding of its significance.
What stands out about this book The Cases That India Forgot is its ability to make judicial history readable and relatable. For example, the Mathura case highlights how the courts failed a poor tribal woman seeking justice, while the Keshav Singh case delves into the tension between the judiciary and assembly. Chandrachud uses these cases to show that the courts have not always been on the right side of history or justice. The writing is simple yet thought-provoking, encouraging readers to reflect on how these cases continue to influence society. It also sheds light on the evolving role of the judiciary in balancing individual rights and state interests.
Divided into themes like politics, gender, religion, and national security, the book raises critical questions about democracy, power, and justice. It examines whether personal laws can coexist with constitutional values, how courts interpret rape cases, and whether national security can override individual freedoms. For those outside the legal profession, The Cases That India Forgot is an eye-opener. It not only introduces readers to key legal battles but also helps them understand how these cases have shaped India’s legal and social framework. This book is a must-read for anyone who wants to gain deeper insights into Indian law, society, and the complexities of justice.
Availability & Details of The Cases That India Forgot
“The Cases That India Forgot” by Chintan Chandrachud, published by Juggernaut on January 1, 2021, delves into Ten pivotal legal cases that have shaped India’s judicial era. This book is available in English and comes in three formats: paperback (₹323), Kindle (₹307), and hardcover (₹7,785). The Kindle version stands out as a budget-friendly and convenient option for readers. You can purchase this book online from platforms like Amazon, Flipkart and Goodreads or at major bookstores. The book offers an insightful look into India’s legal history, making it a valuable read for anyone interested in law and justice.
About Author
Chintan Chandrachud is a distinguished barrister at Brick Court Chambers in London, specializing in commercial litigation, arbitration, and public law. He holds a PhD from the University of Cambridge and has earned postgraduate degrees from both Oxford and Yale. In recognition of his contributions, Chintan received the India-UK Achievers Award in January 2023. He is also the author of “Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom,” demonstrating his deep expertise in constitutional law. Notably, Chintan is the son of Dhananjaya Y. Chandrachud, the 50th Chief Justice of India.
Themes Explored of The Cases That India Forgot
- The Supreme Court and Its Revered Status: The Supreme Court of India is regarded as a symbol of justice and constitutional authority. However, The Cases That India Forgot reminds readers that even the highest court is not beyond reproach. The book highlights both the court’s achievements and its failures, showing how judgments like Maneka Gandhi’s case advanced personal liberty, while the Mathura rape case denied justice to a survivor. This duality underscores the need for constant vigilance to ensure the judiciary adheres to its principles. By examining such cases, the book pushes for greater accountability in upholding fairness and constitutional values.
- Political Tussles and Judicial Limits: Keshav Singh v. Speaker, Legislative Assembly began with allegations of corruption and escalated into a constitutional crisis in 1964. Singh’s pamphlet criticizing a Congress MLA led to a complex confrontation between the judiciary and legislature, with 28 judges eventually involved in resolving the matter. The Cases That India Forgot reflects on how this incident exposed the fragile balance between state institutions and the dangers of politicizing privilege. The book advocates for resolving such disputes with diplomacy and respect for democratic principles, ensuring governance remains fair and collaborative.
- Gender Justice and Patriarchy: The Mathura rape case (Tukaram v. State of Maharashtra) exposed deep-seated gender biases in the judiciary. The Supreme Court’s controversial decision, citing the survivor’s “past behaviour,” led to nationwide protests and reforms in rape laws. The Cases That India Forgot critiques this patriarchal outlook, celebrating the societal shift towards holding perpetrators accountable. Similarly, the Rupan Deol Bajaj v. K.P.S. Gill case, involving workplace harassment, marked progress in addressing gender injustice despite delays in legal resolution. Both cases underline the need to challenge deep-rooted biases and strengthen protections for women’s rights.
- Reservation and Equality: State of Madras v. Champakam Dorairajan questioned the legality of caste-based reservations in education. The Supreme Court’s decision to strike them down as unconstitutional spurred the First Constitutional Amendment, framing reservations as essential to social justice. The Cases That India Forgot explores how this case shaped India’s reservation policies, reflecting the tension between ensuring equality and addressing historical injustices. The book encourages finding nuanced solutions to reconcile these competing goals, fostering inclusivity while safeguarding fundamental rights.
- National Security and Human Rights: In Kartar Singh v. State of Punjab, the court upheld the Terrorist and Disruptive Activities (Prevention) Act (TADA) despite its draconian provisions. Critics argue that the decision failed to balance national security with human rights. Similarly, the Naga People’s Movement of Human Rights v. Union of India case upheld the Armed Forces Special Powers Act (AFSPA), overlooking its misuse. The Cases That India Forgot emphasizes how unchecked powers can harm civil liberties and calls for laws that protect citizens while addressing security challenges responsibly.
- Religious Laws vs. Constitutional Principles: The State of Bombay v. Narasu Appa Mali case ruled that uncodified personal laws were beyond the scope of fundamental rights. The Cases That India Forgot critiques this stance, arguing that religious practices should not supersede constitutional principles of equality. The book underscores the importance of enacting a Uniform Civil Code to ensure fairness in personal laws, fostering a more inclusive society that prioritizes human dignity over archaic traditions.
- Property Rights and the Constitution: Minerva Mills v. Union of India challenged amendments granting Parliament sweeping powers to alter the Constitution. The Supreme Court’s verdict established the Basic Structure Doctrine, preserving the sanctity of democracy. The Cases That India Forgot praises this landmark decision, emphasizing its role in safeguarding constitutional values from legislative overreach. The judgment is a reminder of the judiciary’s duty to protect individual freedoms against arbitrary state actions.
- Misuse of Executive Power: The Rameshwar Prasad v. Union of India case involved the dissolution of Bihar’s legislative assembly, which the court declared unconstitutional. However, the decision to avoid restoring the assembly drew criticism for failing to curb executive overreach. The Cases That India Forgot highlights the judiciary’s need to act decisively to prevent misuse of power, advocating for clearer checks and balances to uphold democratic integrity.
- Civilian Movements and State Responsibility: In Nandini Sundar v. State of Chhattisgarh, the Supreme Court condemned the state-sponsored Salwa Judum movement for its human rights abuses. While the judgment was groundbreaking, enforcement remained weak, exposing the gap between legal rulings and ground realities. The Cases That India Forgot critiques the state’s failure to protect its citizens and stresses the importance of implementing judicial decisions to ensure justice is served.
- Social and Ethical Failures: The Rupan Deol Bajaj v. K.P.S. Gill case reflects the societal tolerance for power abuse. Despite delays, the Supreme Court upheld Bajaj’s right to dignity, signalling a shift towards accountability for misconduct. The Cases That India Forgot explores how such cases highlight the need for reforms to ensure the justice system operates impartially, regardless of the influence of the accused.
- The Role of Codification and Uncertainty: Legislative privileges remain undefined, often causing conflicts like those seen in Keshav Singh v. Speaker, Legislative Assembly. The Cases That India Forgot argues for codifying these privileges to reduce ambiguities and conflicts. The book emphasizes that clear laws are crucial for maintaining harmony between the judiciary and the legislature.
- Lessons from Judicial Errors: The Cases That India Forgot underscores that even the judiciary is not infallible. By revisiting flawed decisions, the book stresses the need for constant reform and accountability. These lessons remind us that justice must evolve to address societal changes and ensure fairness for all. It encourages citizens to stay vigilant, advocating for a system that remains true to constitutional ideals.
Why You Should Read and Buy: The Cases That India Forgot
The Cases That India Forgot is a must-read for several compelling reasons:
- Impressive Case Selection: The book highlights ten significant court cases that have had a profound impact on Indian law and society. These cases may not be widely known, but they have shaped important laws and policies we rely on today.
- Simplified Language: The authorof The Cases That India Forgot, Chandrachud, uses clear and straightforward language, making the content accessible to everyone. Notes and citations are placed at the end of each chapter, allowing readers to focus on the narrative without distractions.
- Engaging Narrative: Chandrachud has a unique ability to tell the stories behind these cases, showing his deep love for the law and understanding of its role in India’s history. His contextualization helps readers grasp the significance of each case easily.
- Appealing to All Readers: The book The Cases That India Forgot is written in a way that even those without a legal background can understand and enjoy it. It balances simplicity with detailed analysis, making it suitable for both laypeople and legal professionals.
- Insightful Analysis: Each case is presented crisply, with thoughtful insights into the core legal questions involved. This thoughtful approach provides a deeper understanding of civil and criminal jurisprudence in India.
Overall, The Cases That India Forgot deserves a spot on the bookshelves of anyone interested in law or history. Chandrachud’s ability to bring these forgotten cases to life not only educates but also inspires readers. The only downside? You may wish it could go on forever!
Final Thoughts
In The Cases That India Forgot serves as an important reminder of the role that the judiciary plays in shaping society and upholding justice. Through the exploration of ten significant court cases, Chintan Chandrachud highlights how these rulings have influenced laws that affect our everyday lives, even if they have been overlooked by many. The book invites readers to reflect on the complexities of the legal system and the necessity for constant vigilance in protecting our rights. It emphasizes that the judiciary, while powerful, is not infallible. Mistakes have been made, and understanding these errors can help us strive for a fairer and more just society.
By shedding light on these forgotten cases, Chandrachud not only educates us about past injustices but also encourages a deeper engagement with the law. The Cases That India Forgot is not just a collection of legal histories; it is a call to appreciate the importance of justice and to ensure that the lessons from the past guide us towards a better future. This book is not just an informative read; it is an essential guide for anyone who cares about justice and civil rights. For those interested in the evolution of law and its impact on society, this book is truly a must-read that will leave you informed and inspired.
