A definitive, analytical and candid account of the present state of the nation – in the context of India’s Constitution – by an internationally respected legal luminary An ardent defender of the Constitution (which came into effect on 26 January 1950), Fali S. Nariman resolutely believes that there is a vital link between India’s document of governance and the events – shaped substantially by elected (and appointed) constitutional functionaries – that have unfolded over the past six decades. As Dr B. R. Ambedkar (one of the chief architects of India’s Constitution) presciently observed in November 1949: ‘However good a Constitution may be it is sure to turn out bad because those who are called upon to work it happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution.’ In this timely volume, the author’s main focus is on ‘the mother-of-all-problems’: the tidal wave of corruption that has engulfed virtually all institutions of the state and almost all aspects of governance and administration across the country. Nariman contends that the legislative and executive wings of the government – the elected representatives of the people – who were (and are) expected to provide for the welfare of the people have failed simply because making of laws is not enough; applying and enforcing them have left much to be desired. Consequently, it is the judiciary that seems to be telling the g... See more
A definitive, analytical and candid account of the present state of the nation – in the context of India’s Constitution – by an internationally respected legal luminary An ardent defender of the Constitution (which came into effect on 26 January 1950), Fali S. Nariman resolutely believes that there is a vital link between India’s document of governance and the events – shaped substantially by elected (and appointed) constitutional functionaries – that have unfolded over the past six decades. As Dr B. R. Ambedkar (one of the chief architects of India’s Constitution) presciently observed in November 1949: ‘However good a Constitution may be it is sure to turn out bad because those who are called upon to work it happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it happen to be a good lot. The working of a Constitution does not depend wholly upon the nature of the Constitution.’ In this timely volume, the author’s main focus is on ‘the mother-of-all-problems’: the tidal wave of corruption that has engulfed virtually all institutions of the state and almost all aspects of governance and administration across the country. Nariman contends that the legislative and executive wings of the government – the elected representatives of the people – who were (and are) expected to provide for the welfare of the people have failed simply because making of laws is not enough; applying and enforcing them have left much to be desired. Consequently, it is the judiciary that seems to be telling the government what to do in many important areas! No wonder, the judiciary is accused of ‘overreach’! This volume also throws light on other significant and highly pertinent subjects such as: the concept of the Indian nation; India’s experiment with unity-amidst-diversity; the implications of reservations for certain sections of the population (including minorities) in educational institutions and in government jobs; the true purpose and significance of a Constitution (which has held together almost an entire subcontinent for more than six decades); Centre–state relations over the years; and whether or not the Constitution has truly benefited the common people – for whom it was framed. Comprehensive, absorbing, hard-hitting as well as thought-provoking! But, above all, eminently readable!
