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Advanced communities are screeching for reservation – Fali Nariman at AK Ganguly’s book launch

Advanced communities are screeching for reservation – Fali Nariman at AK Ganguly’s book launch

Murali Krishnan

Retired Supreme Court judge Justice AK Ganguly has released a book authored by him. The book titled “Landmark judgments that changed India” was released yesterday at a function held at India International Centre, New Delhi.

The book release was attended by a number of senior counsels as well as Supreme Court judges including the likes of  KK Venugopal, Fali Nariman, TS Thakur, JS Khehar, and Rohinton Nariman JJ.

Speaking on the occasion, Senior Advocate Fali Nariman said that

“Sixty odd years of Constitutional jurisprudence is encapsulated in 9 chapters in the book”.

Nariman spoke at length about the Supreme Court and said that the “the Supreme Court too has had its dark moments” referring to the Emergency. He also lamented the lost opportunity the Supreme Court had in Indra Sawhney’s cases pertaining to reservation for backward classes.

Terming it the most disappointing judgment of the Supreme Court, Nariman said that the Court should not have left it to the government to frame law to implement its recommendations as the same was never done by the Executive.

“In the area of reservation, there has hardly been any creative jurisprudence…[The] most advanced of communities are now screeching for reservations”.

Senior Advocate KK Venugopal spoke about the Basic Structure Doctrine and was critical of the fact the doctrine does not spell out what constitutes the Basic Structure.

“Our Parliament is at sea today because the Basic Structure doctrine does not spell set out what constitutes Basic Structure. Hence, the Parliament always has to be wary while making laws since it is not sure whether it would be violative of Basic Structure or not.”

Venugopal also said that Ganguly’s decision to contribute to academia was “refreshing”

“I have not seen judges taking to academics after retirement; they take to arbitration. This is indeed refreshing.”

After retiring from Supreme Court, Justice Ganguly was embroiled in a controversy which shook the Supreme Court as he was accused of inappropriate behavior towards an intern working for him.

Following the uproar, he was forced to resign from his post of the Chairperson of West Bengal Human Rights Commission.