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Key Reads for 2025: Understanding the Constitution, Judiciary, Emergency Powers, and the Uniform Civil Code

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January 2, 2025
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Expanded Overview of Essential Reads for 2025: Confronting Brain Rot in Legal and Political Discourse

“Brain rot” has emerged as the word of the year, as recognized by Oxford University Press. It describes the intellectual decline brought on by the consumption of low-value or mentally unstimulating online content. This issue has grown exponentially with the rising popularity of platforms like WhatsApp, Twitter, Quora, Reddit, and podcasts, where users often passively absorb information without questioning its validity or source. Consequently, these platforms frequently propagate misinformation, challenging widely accepted facts and norms.

In 2024, this phenomenon found its way into discussions on legal and political matters. Issues like the Constitution, the Uniform Civil Code (UCC), the Emergency, and judicial conduct became breeding grounds for misleading narratives, selective stories, and distorted interpretations. While it is impossible to verify every political speech, WhatsApp forward, Twitter thread, or self-proclaimed expert on podcasts, this final column of 2024 seeks to provide antidotes to “brain rot” by recommending key books on these topics. These readings encourage readers to engage with complex issues thoughtfully, relying on established knowledge and reputable sources.

Celebrating the Constitution’s 75th Anniversary: Acknowledging the Unsung Heroes.

The Constitution was at the heart of debates as it marked its 75th anniversary. While the government organized celebrations for the diamond jubilee, concerns of exclusion and partisanship persisted. The popular discourse surrounding the Constitution’s authorship often disproportionately credits a select few, overshadowing others who played crucial roles. While reading the comprehensive Constituent Assembly Debates would be ideal, the following books serve as more accessible yet detailed alternatives:

  • The Indian Constitution: Cornerstone of a Nation by Granville Austin presents a detailed account of the Constitution’s formation, exploring the political context and rationale behind its provisions. Austin’s The Constituent Assembly – Microcosm in Action debunks several myths, such as Dr. Ambedkar’s decision to join the Assembly despite his ideological differences with the Congress, the influence of public opinion on drafting the Constitution, and the overlooked contributions of other members. The book also examines the influence of figures like Nehru, Patel, Maulana Azad, and Rajendra Prasad while giving due attention to sixteen other key, yet often forgotten, contributors.
  • The Fifteen: The Lives and Times of the Women in India’s Constituent Assembly by Angellica Aribam and Akash Satyawali highlights the significant contributions of the fifteen women who were part of the Constituent Assembly. This book sheds light on figures like Ammu Swaminathan, who challenged Nehru’s stance on women’s representation in the Congress and advocated for their inclusion in general rather than reserved seats. Swaminathan’s passionate efforts to ensure the involvement of women’s organizations in the formulation of the Hindu Code Bill offer crucial insights into the role of women in the constitutional process.
  • How India Became Democratic by Ornit Shanti, particularly Appendix 5.1, provides a unique look at the contributions of bureaucrats who were instrumental in the drafting process. The book profiles figures like BN Rau, who drafted the initial Constitution, and SN Mukherjee, who liaised between the public, administrators, and the Constituent Assembly. Shanti’s work highlights the importance of these bureaucratic figures, whose contributions are often overshadowed in public discussions about the Constitution’s formation.

Uniform Civil Code (UCC): A Controversial and Ongoing Debate

In 2024, Uttarakhand became the first state to enact a Uniform Civil Code (UCC), reigniting the national debate on this highly contentious issue. The Prime Minister’s call for a secular civil code in his Independence Day speech further escalated the discussion. To understand the complexity of the UCC debate, it is essential to engage with India After Gandhi by Ramachandra Guha, particularly the chapter The Law and the Prophet. Guha examines the constitutional position of the UCC and provides historical context for the codification of personal laws, specifically through the Hindu Code Bill. This chapter also delves into Ambedkar’s resignation from the Cabinet and the subsequent political dynamics surrounding the UCC.

The Emergency: A Dark Chapter in India’s Democracy

In 2024, the Indian government declared June 25 as Samvidhan Hatya Diwas (Constitution Assassination Day) to honor those who fought against the Emergency imposed by Prime Minister Indira Gandhi in 1975. While the violations of human rights during the Emergency are well-documented, the reasons for its imposition, the judiciary’s role, and public perception throughout the 21 months are less frequently discussed in detail.

  • India’s First Dictatorship – The Emergency, 1975-77 by Christophe Jaffrelot and Pratinav Anil provides an in-depth exploration of the Emergency and its impact on Indian democracy. The chapter Subverting Institutions: Remnants of Democracy examines the façade of democracy maintained during the Emergency. While Parliament continued to function, the lack of meaningful debate, suppression of opposition voices, and the complete surrender of constitutional authorities to the Prime Minister revealed the authoritarian nature of the regime.
  • Working a Democratic Constitution – A History of the Indian Experience by Granville Austin discusses the judiciary’s role during the Emergency, including its support for the executive. Austin’s chapter on the judiciary highlights key moments, such as the infamous ADM Jabalpur case and the judicial compliance with government directives, which underscore the fragility of judicial independence during periods of executive overreach.

Improper Judicial Conduct: The Politics of the Bench

In December 2024, controversy arose when Justice Shekhar Yadav of the Allahabad High Court made remarks against a religion, sub-judice matters, and the government, reigniting concerns about judicial impartiality and the politicization of the judiciary. This issue is not new, and the book Judges of the Supreme Court of India: 1950-1989 by George H. Gadbois Jr. provides a thorough examination of judicial appointments, controversies, and instances of judicial conduct that have raised questions about the judiciary’s independence.

Gadbois’s work discusses episodes of judicial supersession and the deliberate appointment of judges sympathetic to the government’s policies. The book also highlights instances where judges displayed improper conduct, such as Justice Bhagwati’s excessive praise of Indira Gandhi, including his infamous letter lauding her leadership qualities. These examples illustrate the complex relationship between the executive and the judiciary in India’s history.

Conclusion: Combatting Brain Rot and Encouraging Thoughtful Engagement

The books mentioned above serve not as definitive answers but as starting points for deeper exploration into key legal and political issues. They encourage readers to question prevailing narratives, embrace nuance, and engage with these topics thoughtfully. In an age where misinformation often reduces complex issues to oversimplified binaries, it is crucial to cultivate intellectual curiosity and the willingness to challenge accepted wisdom. This column aims to inspire such a mindset, counteracting the intellectual stagnation fostered by “brain rot.”

Swapnil Tripathi is an Advocate and a DPhil (in Law) student at the University of Oxford. He tweets at @S_Tripathi07.

Note – The author has compiled a list of interesting books on legal history and law, accessible here.

The author expresses his gratitude to Dr. Parveen, his law school professor, for introducing him to George Gadbois’s transformative work.

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