India Today – August 13, 2018

10 INDIA TODAY AUGUST 13, 2018

Supreme Whispers by
Abhinav Chandrachud
This fascinating and delightful book
is based on the transcripts of 116
interviews with 66 Supreme Court
judges, conducted in the 1980s by
George Gadbois Jr, an American
scholar, who wrote extensively on the
Indian judiciary and Supreme Court
judges. Divided into six chapters, the
book narrates, in vivid detail, several
unknown and eventful incidents
that led to major decisions. The book
is meticulously researched and,
despite having 1,281 footnotes, is as
engrossing as a best-selling mystery
novel. The appointment process, both
before and under the controversial
collegium system, has often failed to
bring the best and the brightest to the
Supreme Court (and, indeed, to the
high courts).
Chandrachud refers to the factors
of caste, community, religion and
political leanings that play a decisive
role in the appointments being made.
The book points out that Justice M.N.
Chandurkar, one of the finest high
court judges, lost his chance of being
elevated to the Supreme Court just
because Indira Gandhi disapproved
of his attending the funeral of RSS
leader M.S. Golwalkar. And Justice
Leila Seth felt that Justice Fathima
Beevi was appointed instead of her (as
a woman judge of the Supreme Court)
because of “lobbying and misuse of
religion”. The author refers to literally
dozens of such anecdotes that would
have been lost but for this book.
Despite all the criticism, it is ironic
that a country that seems divided
by language, religion and caste is
somehow glued together by the longest
Constitution and the judgments of our
Supreme Court and the high courts.

God Save the Hon’ble Supreme

Court by Fali S. Nariman

In 1986, Harvard professor Laurence

Tribe wrote “God save the honourable

Supreme Court”, which was a critical

commentary on how the choice of Su-

preme Court judges shaped the history

of the United States. Fali S. Nariman

has chosen the same title as a prayer

that should be on the lips of all citizens

because “public confidence in the high-

est court of India is at an all-time low”.

The first three chapters recount the un-

fortunate events that have taken place

in the past 15 months, with particular

reference to Justice C.S. Karnan’s im-

prisonment for contempt and the open

rift between the Chief Justice of India

and his senior colleagues. It would have

been wonderful had Nariman given

suggestions to not only improve the Su-

preme Court’s working but also ensure

that the recent events do not recur.

The remaining chapters have noth-

ing to do with the book title: Nariman

criticises the manner in which Parlia-

ment is functioning. He has discussed

the role of the media and also expressed

serious concern that the single party

majority government at the Centre has

done nothing to stop the repeated at-

tacks on minorities. Equally readable is

a chapter on Justice Krishna Iyer, whom

he calls ‘The Super Judge’ and who was

active till his death at 99. Nariman’s

criticism merits serious consideration.

The strength of a nation is in its insti-

tutions. The stalling of Justice K.M.

Joseph’s elevation and the non-appoint-

ment of several high court judges are

just a few instances that have damaged

the judiciary. Beyond a point, even God

cannot save the Supreme Court. n

The writer is a senior advocate

of the Madras High Court

THE BALL IS IN THE

SUPREME COURT

BOOKS

UPFRONT

The title of Nariman’s

book is a prayer

that should be on

every citizen’s lips

because “public con-

fidence in the highest

court of India is at an

all-time low”

By Arvind P. Datar

GOD SAVE THE HON’BLE

SUPREME COURT

by FALI S. NARIMAN

Hay House

`399; 412 pages

GOD SAVE THE HON’BLE

SUPREME WHISPERS:

Conversations with judges of

the Supreme Court of India

by ABHINAV CHANDRACHUD

Penguin India

`599; 256 pages