This book offers a fascinating account of one of the foundational periods in Indian Legal History and of the lives of three truly remarkable
judges.
Three Judges and Their Times
N.P. Chapalgaonkar
Publisher: LexisNexis
Pages: 256; Price: Rs 295
This book is part of a series “Cross Currents—Law and More” which has been inaugurated to make people interested in the myriad ways in which law and legal institutions affect society and vice-versa. LexisNexis have succeeded in documenting the concerns of the times and this book is a major contribution to the contemporary discussion.
“Three Judges and Their Times” was originally written in Marathi by Shri Chapalgaonkar, an erstwhile judge of the Bombay High Court, He was the Chairman of the committee appointed for drafting the Maharashtra Social Security (State Responsibility) Bill .
The book has now been translated into English by S. Panse. The three judges belong to the period before India’s Independence and are: Justice K.T. Telang, Justice M.G. Ranade and Justice N.G. Chandavarkar. They were judges of the Bombay High Court in the late 19th and early 20th century. The book assesses the trials and tribulations of the trio in their times.
The three were distinguished alumni of the Elphinstone College, Bombay and played a vigorous role in various social, religious, educational, and political activities, and also took part in the crucial debates of the day on social and religious issues. This they did before ascending the Bench as also when on the Bench.They also helped establish and sustain a number of institutions. They played roles as members of the Council of the Governor of Bombay, and had close link with the Bombay University.
Ranade belonged to the very first batch of graduates and later on became a Fellow. Telang and Chandavarkar became Vice-Chancellors of the University. All the three were associated with the founding of the Indian National Congress in 1885 and were present at the first Congress session in Bombay.
The period during which they were judges without doubt is a significant period of Indian legal history and they played a remarkable role. All were outstanding judges who worked in complex and inimical surrounding. They cooperated with the authorities and dissented as their consciences dictated. This was the period when British power was at its zenith in India.
[alert type=”e.g. warning, danger, success, info” title=””]Justice Ranade is considered the father of India’s political economy. He provided a substantive academic and intellectual framework for the discussion on economic issues of the time. He took the initiative in founding the National Social Conference, and attended its annual sessions regularly until 1899. Despite their liberal convictions, there was something that connected their attitude towards British rule with that of the extremist nationalists such as Bal Gangadhar Tilak, for whom Swaraj was a birthright. Chandavarkar did not wish that British rule in India should continue indefinitely.[/alert]
Ranade described the British rule as a fortunate occurrence only insofar as it opened up for Indians the opportunity to learn the English language, which was necessary to acquire the knowledge of the world. Even Tilak wrote about the advantages of British rule. The author says that the difference between the liberals and the extremists was in the respective roles adopted by them: Tilak resorted to political agitation, while the three judges avoided it.
The period during which they were judges without doubt is a significant period of Indian legal history and they played a remarkable role. All were outstanding judges who worked in complex and inimical surrounding.
They cooperated with the authorities and dissented as their consciences dictated. This was the period when British power was at its zenith in India. Liberalism took firm roots in England and Europe and strongly affected those Indians who were getting educated in English and struggling to adjust with their status as a bonded nation.
This book presents a vivid account of the link between their judicial role and political activity and shows how sophisticated and cultured Indians subverted the vision of Macaulay regarding the educated Indian who was supposed to be, “Indian in blood and colour, but English in taste, in opinions, in morals, and in intellect.”
Telang, Ranade, and Chandavarkar dealt with issues of justice, the interpretation of traditional and colonial law, and good governance, according to their best lights and refused to be cowed down. It is interesting to note the paramount contribution that the trio made to ensure a meaningful public debate of issues in India. In keeping with the highest standards of public life, the three judges set example of conduct worthy of emulation.
The book has a very scholarly Foreword by Dr. Nilakanth Rath, a highly respected Professor of Economics from Pune. This volume is a must read for all students of Politics, History, even lawyers and members of the judiciary.
P.P. Ramachandran
