BOOK REVIEW

CASES THAT INDIA FORGOT

AUTHORED BY- DR. CHINTAN CHANDRACHUD

BY: Varun Kesharwani

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ABOUT THE AUTHOR: THE CASES THAT INDIA FORGOT
It was in 2016 when Dr. Chintan Chandrachud entered Wright Emanuel's London
headquarters as a partner. His practise focuses on  commercial litigation, tax litigation, and
international arbitration, among other areas of law. He has a PhD in judiciary from
University of Cambridge, where he studied the topic in India and the UK. Postgraduate
degrees from Oxford and Yale are among his scholarly accomplishments.
Chintan Chandrachud comes from a long line of attorneys. He is the great-grandson of
India's 16th Chief Justice, Yeshwant Vishnu Chandrachud. 

THE INTENT BEHIND THIS BOOK

This book's choice to be written was motivated by a desire to get the public more involved
in the law. The author was of the opinion that everyone should be able to get a basic
comprehension of the law. Judgments of enormous importance and capacity to affect the
rights of the average person are written in such a convoluted and long way that anybody
without a legal degree is unable to comprehend.
For example, both the Puttuswamy vs. Union of India and the Sabrimala Temple issue
decisions are hundreds of pages lengthy. Intimidating legal language and lengthy substance
hinders the average person from participating and keeping up with the Courts' progress.
A healthy and effective democracy requires people to be informed of their rights and
obligations, what they may and should expect from the government, and how Courts operate
in order to provide justice.." However, if individuals don't have the means to participate in
the discussion, it's all pointless. An effort is made in this book to pique people's interest in
law and the Constitution in particular by offering a concise account of 10 major instances.
An explanation of the significance of the events is not merely an accurate translation, but
also an explanation of what transpired before and after the events. Rather than just
summarising these examples, the authors of this book examine them through the prisms of
politics, gender, religion, and national security.

CRITICAL ACCLAIM
"This book is more readable than the court judgements because it has well-told tales," said
Fali S Nariman, an Indian jurist and former Additional Solicitor General. The fact that he
said it was essential reading would have made Lord Denning very happy. Even the leading
member of one of India's most prominent law firms Zia Mody said this book is a great
resource for both the layperson and attorneys and legal experts since it simplifies the
language while captivating their attention.
Harish Salve, a former Additional Solicitor General of India, commented of how the courts
in India have grown to hold an important role in both public conversation and awareness and
noted that the author has cleverly picked forgotten instances that maintained modern
significance and portrayed them in a way that reveals both the advantages and the faults of
the courts.
According to Karan Thapar, one of America's best-known journalists, these real-life stories
have more mystery and surprises than fictional characters Perry Mason and Rumpole of the
Bailey.

OVERVIEW OF THE BOOK

The author has analyzed the cases through different lenses and they are segregated as per
those four themes. They are – Politics, Gender, Religion and National Security.

A. Politics
1. The Keshav Singh Case
In this case, the author looked at how the judiciary and legislature vie for supremacy.
Because of his disrespect for the Uttar Pradesh legislature, Keshav Singh was sentenced to
jail. He was granted free after two High Court justices ruled that his incarceration was
unconstitutional. A summons for contempt of the Uttar Pradesh legislature was issued to
the judges and the lawyer involved.
Additionally, the assembly ruled that Keshav Singh be detained. According to the article's
author, a judge cannot be removed from office by the legislature. The judge who issues an
order based on a petition challenging a legislative order is not in contempt of the
legislature, according to the analysis.
As a means of exploring the conflict between courts and the legislature, this case serves as
a lens through which the author examines judicial authority and its constitutional
obligation.
2. Minerva Mills v. Union of India
As one of the most important judgements of its day, Minerva Mills remains to be relevant
to the present day. Using Section 4 and Section 55 of the 42nd Amendment Act of 1986,
Parliament had the right to make any number of changes to the Constitution. Those clauses
were knocked down by the Apex Court in order to maintain the Constitution's fundamental
structure. For a better comprehension of this choice, the author draws a picture of the story
and setting in which it occurred.

3. Rameshwar Prasad v. Union of India

In Rameshwar Prasad v Union of India, the author offers a gripping narrative of political
intrigue and constitutional law concerns. Among the events surrounding this case are two
state elections, phone calls to Russian officials at all hours of the night, two distinct rulings
by the Supreme Court, and many resignations. You won't want to put the book down after
you've read it.

B. Gender 
1. Tukaram v. State of Maharashtra 
It is clear from this case that the decision is riddled with problematic and patriarchal
attitudes. Book attacks Supreme Court's decision to exonerate victim's sexual abuser only
because of his or her prior sexual abuse. This is the wrong way to handle a case of
suspected rape while a suspect was in police custody.
Because it opens the door to such patriarchal judgements, the rape victims will feel even
more humiliation, stigma and pain as a result of the court's failure, which will prevent them
from coming forward. According to the author, this is similar to the Nirbhaya case, in
which the general public was driven to demand change.

2. R.D. Bajaj v K.P.S. Gill

It took seventeen years for a case of sexual harassment to be resolved in R.D. Bajaj v KPS
Gill because the accused was a 'Supercop,' with political connections and privilege at the
highest levels.

C. Religion
1. State of Madras v. Champakam Dorairajan
Use this case to demonstrate how the First Amendment was passed by the State so that
caste-based reservations could be implemented. While declaring that exclusions were the
exception instead of a basic right to equality, the Supreme Court also hampered the growth
of the backward classes. This served to solidify the'reservation vs merit' dichotomy.
2. State of Bombay v. Narasu Appa Mali
The Supreme Court of India did not rule on this matter in the full book. For example, a
major ruling from Bombay High Court provides a clear solution on how to resolve a
contradiction between religious-based personal laws and fundamental rights in India.

D. National Security
1. Kartar Singh v. State of Punjab
This chapter examines the state's penchant for abusing the pretext of national security in
order to expand its powers and avoid accountability. Even if national security is still crucial
and frequently aids in the implementation of acceptable government programmes, it may
also be abused to repress. An analysis of how and why Terrorists and Disruptive Activities
Act was not renewed is provided by this case.
2. Naga People’s Movement of Human Rights v. Union of India
Furthermore, this case shows how the government utilises the term "National Security" to
justify dismissing basic liberties. As a result of the Courts' inability to hold the State
responsible, the people of the North East have been stripped of their constitutional rights.
3. Nandini Sundar v. State of Chattisgarh
In the book's concluding case, the author employs an engrossing style of writing to explain
the Court's influence's limits. Agreement with the verdict happened only on paper, while
the government armed citizen movement continued unabated.
Constitutional Debates Analyzed in the Book
This book discusses the need of having an engaged and knowledgeable Civil Society that
will not only enforce the law but will also challenge governmental institutions and urge
change when required. The public pressure generated by the controversial Tukaram Case
prompted the Law Commission to recommend modifications to rape legislation and a more
progressive definition of 'consent.'
It also discusses the National Human Rights Commission's involvement in 1994, as well as
the political backing that resulted in the TADA Act's non-renewal. However, the author
acknowledges that TADA existed in spirit for many years after the statute had expired on
paper.
The works contribute to dispelling the myth of the courts as ultimate upholders of rights
and dispensers of justice, and provide the reader with a more pragmatic, if sceptical,
perspective on the settings of various judgements.
 Although the R.D. Bajaj and Tukaram instances resulted in different rulings, they
demonstrated how government institutions such as the police and courts are complicit in
continued harassment of women and how the road to justice is both arduous and lengthy.
Both judgements had patriarchal overtones; although Bajaj was seen as a'symbol of
modesty,' the victim's character assassination in the Tukaram case, based on her past sexual
history, aided in the accused's acquittal.
The book examines how, without attorney Nani Palkhivala's meticulous litigation, the
Minerva Mills case would have been dismissed as another case of a corporation being
nationalised. The Kartar Singh and Naga People's Movement cases provide insight into the
Court's choice to err on the side of caution rather than seek accountability from the
government.
It examines how the allegation of a danger to 'National Security' aids the State in
establishing an unquestionable narrative. In rare situations, the courts have maintained not
just dubious but outright harsh statutes.

Conclusion 
If you're looking for a book on the Supreme Court of India that doesn't attempt to glorify its
history but instead provides a truthful picture instead of selling a utopian dream, then this is
the book for you. With a new viewpoint, the reader is able to see the flaws and limits of the
decisions and realise that courts are not always the defenders of our Constitution.