Book Review: ‘Constitutionalism & the Rule of Law’ by Justice A K Sikri

Book Title: Constitutionalism & the Rule of Law
Author: Justice A K Sikri
Publisher: Eastern Book Company
Number of Pages: 500
ISBN: 978-8119114054
Date Published: Jan.1, 2023
Price: INR 1,552

Book Review

Justice A.K. Sikri’s book, “Constitutionalism & the Rule of Law: In a Theatre of Democracy” is a remarkable journey of a learned legal mind that captures the transformative nature of the Indian Constitution. This book offers a detailed analysis of the jurisprudence beneath the development of constitutional law. It’s a brilliant collection of essays that covers a myriad range of his life – starting from a law student to the Judge of the apex court. Professor Upendra Baxi has written the introduction of this book and he mentions that in order to protect the rule of law in democracy, constitutional rights should be balanced by the courts.

Justice Sikri illustrates that the process of adjudication is never a static phenomenon. His first essay ‘Role of a judge in a democracy’ – explains how law controls interpersonal relationships. Justice Sikri has quoted Justice Aharon Barak, former Chief Justice of Israel who assigns two basic roles for the judge in a democracy – to uphold the Constitution & the rule of law and to bridge the gap between law & society. In this very process, the judge gives the statute a new meaning to suit the aspirations of society. Several landmark judgments like – the ADM Jabalpur case where Justice Khanna valiantly stood for the rule of law even at the cost of his CJIship, the Aruna Shanbaug case, the Triple talaq case, the Right to privacy, etc. have been quoted to elaborate how legal jurisprudence has evolved over a period of time. We have often been told that the Constitution is what the Courts tell us, Justice Sikri explains how evidence-based facts & reason-based interpretations have been the principle of courts for advancing the precepts of the rule of law& interpreting the Constitution. Young law students and practicing lawyers would immensely benefit from reading these insights and understanding the process of social transformation through legal interpretation. It would provide them a glimpse into the functioning of the judge’s mind.

Further, Justice Sikri takes us through the role of the Indian Judiciary and how it has helped build a liberal democracy post-independence. He starts with the “Social contract theory” of Hobbes & elaborates on how a Leviathan state progresses into the nation-state to the current rise of constitutionalism(Government limited by the Constitution). He delves deep into important judgments of the Supreme Court to explain this trajectory. Constitutionalism according to Justice Sikri goes beyond mere legality. He quotes eminent jurists like Hilaire Barentt & Charles McIlwain to explain the several forms & stages of constitutionalism. Similarly, in his fourth essay, Justice Sikri explains both the jurisprudential &substantive concepts of the rule of law &their contribution to building a liberal democracy. On the role of judiciary, Justice Sikri asserts“It is a myth that judge merely states the law & doesn’t create it”. The judge states by interpretative process, what actually the law is.

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The second section of the book covers the allied concepts of law – like gender justice, disability rights & the growing significance of dignity jurisprudence. This part too, is laced with ample anecdotes& citations from revered legal luminaries. The third section highlights the importance of the ADR (Alternate Dispute Resolution) mechanism. Mediation he writes, makes “parties to become partners in the solution rather than partners in problems”. He gives real-life examples to substantiate the same. The last part of this section is dedicated to the economic analysis of law– wherein tools of economics are applied to legal questions. This approach was started by a handful of scholars but has assumed significant contemporary importance. However, as we witness progress in this field Justice Sikri cautions -“not to make law the handmaiden of economic theory but rather use the analytical strength of economics in conjunction with the empirical data that law furnishes”.

The last part of the book is a moving tribute to Justice Sikri’s teachers – the two legendary Professors Upendra Baxi & M.P. Singh, it gives readers a glimpse of the rich legacy of two of the finest legal brains. Professor Baxi has been praised for insisting on using the terminology SAL (Social Action Litigation) & his three forms of prudence “which determine the province of constitutional hegemony”. He is rightly hailed as the Bhishmpitamah of legal academics in India. Justice Sikri’s book is a valuable resource to anyone interested in Constitutional law & the development of legal jurisprudence along with the important precedents. It helps to understand the law better, in a wider social context through the lens of someone who has served as a judge for 20 years.

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About Kanishk Shekhar

Kanishk Shekhar teaches the Indian Constitution & International Relations to students preparing for the Civil Services Exam. He is also a book reviewer.

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