Where the Mind is Without Fear and the Head is Held High

"India can truly boast of one of the most enchanting histories and a vibrant presence with global economic growth, thanks to our great leaders, a majority of them comprising lawyers. The Indian economy, as it stands today, mindfully credits brilliant contributions in business, medicine, research, engineering, science and technology and many other spheres, but would not have had a fundamental backbone to house all these spheres successfully, but for some earthshaking legal cases, which brought about a change in the entire governance system of the country. On the eve of 65 years of Independence of India, I re-live the following epic cases."

Alipore Bomb Case- 1909 — Birth of the Global Indian Lawyer- Pre Independence Era

The outcome of this case is know to every Indian. Maximum number of Indian Freedom Fighters were sentenced to death for bombing important and influential British Officers. This case is important from the perspective that it was the first time the Indian legal fraternity made an entry on the world map with great aplomb and under volatile circumstances despite being underdogs. The illustrious name of Chittaranjan Das came to the forefront. His famous statement referring to Sri Aurobindo Ghose, became immortal— "I say that the man in his position is not only standing before the bar of this Court, but before the Bar of the High Court of History". Though he lost the final case, the Global Indian Lawyers were born, including Mahatma Gandhi, Pandit Jawaharlal Nehru and many more.

A.K. Gopalan v/s State of Maharashtra (1950) & R.C Cooper v/s Union of India (1970) — What is Procedure established by Law? Testing the Fundamentals of the Constitution of India

The apex court interpreted that the words "procedure established by law" in Article 21 are to be given a wide and fluid meaning of the expression "due process of law", i.e, if any statutory law prescribed procedure for depriving a person of his rights or personal liberty, it should meet the requirements of Article 21. However, after two decades, this was over ruled in the case of R.C.Cooper v/s Union Of India and Maneka Gandhi v/s Union of India, where it was held that any law that deprives the life and liberty of an individual is against Article 21 except under due process of law and must be just, fair and reasonable. Thus, even today, all laws are tested on this fundamental fact that they should be free from caprice and not deprive people of life and liberty except under justifiable process.

A criminal offence will be committed under the UKBA if an employee or 'associated person' [defined under section 8] acting for, or on behalf of, 'relevant commercial organisation' [defined under section 7] offers, promises, gives, requests, receives or agrees to receive a bribe; and if such relevant commercial organisation does not have the defense that it has adequate procedures in place to prevent bribery by its employees or associated persons

K.M Nanavati v/s State of Maharashtra (1961) — End of Jury System in India

This is a case which shook the country not only emotionally but legally. Besides being a landmark judgement on what is "Grave and Sudden Provocation", under IPC, it was heavily guarded as well as guided by public sympathy and rage, both running parallelly. It saw the end of the Jury System of trials in India and also fundamentally laid down the principle that "LAW is above ALL".

Keshvananda Baharti v/s State of Kerala (1973) - Laying Down the Doctrine of Basic Structure of Constitution

This case literally changed the Constitutional Law in India. One of the most important findings is that Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution of India. The case stated that the Constitution of India is Supreme and its foundation can not be destroyed by Legislature, Executive or Judiciary. Even Article 368 (Amending Article) can be amended provided the basic structure is not destroyed. This case overruled the draconian case of Golak Nath and became the Bible for a plethora of all future cases on the subject.

The Security Scam Case (1992)— Introducing Stringent Financial Systems in the Country

Harshad Mehta, the name was magical in the financial circle in 1990. "The Man with the Midas touch" until the securities scam broke out. This case of securities and banking fraud was a big lesson to change various norms in the banking system. It brought about stringent rules within the banking system and RBI introduced several tight guidelines which banks had to mandatorily follow.

For Example: stringent KYC norms, rules relating to declaring Willful Defaulters, establishment of CIBIL and declaration norms under CIBIL, streamlining disclosure of frauds of borrowers, new set of norms for declaring malfeasance and misfeasance, etc. The financial system of the country was shaken with the Securities Scam and for some time, people lost faith in most established banks. However, with the Securities Tribunal and the specialised lawyers dealing with the tide efficiently, India was able to bounce back.

Godhra and the Kasab Cases (Post 2000 Era) — Fight against Terrorism

These cases show that our lawyers as well as the judicial system in India rank and treat terrorism, be it in India or outside, under one podium. They don't distinguish between nationality, people and countries. It ensures that justice is delivered to the people at large. In both the cases, the accused have been dealt with in accordance with the due process of law and have had to submit themselves to the legal system of India. The cases are still pending at different levels in the Judiciary, and it is our firm belief that justice to all will be delivered in the most fair and appropriate manner considering the law of the land as most supreme.

The Satyam Case (2008- 2009) - Corporate Governance System at stake?

This case brought about a sea change in the corporate governance system in the country. SEBI has begun looking at listed companies' compliance mechanism more closely and has brought about vast reforms in this sector. More and more listed companies have come under strict compliance vigil. This has made Corporate India more acceptable internationally. Indian Corporates can now stand alongside their other counter parts in BRIC countries, ASEAMENA countries and the Far East. This case is also a lesson to various stake holders on when to draw the "line of greed".

The Vodafone Case (2012) — The Unfinished Story

The judgement in the matter is what I can say "A Jewel in the Crown" of the Indian Legal System. As per tax jurisprudence this is the case to be referred and studied. It reassures the faith in Indian Judicial System amongst Foreign Investors worldwide. What went wrong? The Parliament introducing certain retrospective amendments to the Income tax Act did it all! Perhaps something which most of us in the legal fraternity could have never imagined. This case has now set a new trend of re-opening certain tax assessments. Today it is an unfinished tale of tax musings.

Thus, the Journey of the Indian Legal System does not end here and it has miles to go in the path of unflinching truth.

Disclaimer – The views expressed herein are her own and does not depict that of Wockhardt Group.