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Random House Publishers India Pvt. Ltd. - Indu Bhan

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113 pages

English

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Harish Salve failed his CA exam twice. Mukul Rohatgi was unable to secure a place at the Law Faculty, Delhi University. Rohinton Nariman was trained to become a Parsi priest.Legal Eagles examines the lives and times of India's top seven lawyers, who fought some of the country's landmark courtroom battles. Tracing their journey from their childhood days to the present, the book highlights the important milestones of their careers, their victories and failures, their influences, and their work ethic and role models, demonstrating that the path to success is paved with determination, grit and challenges. Journalist Indu Bhan gives a ringside view of the most significant case handled by each of these lawyers, including the Vodafone tax case, Coalgate and the 2G spectrum controversy, among others.

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Droit et juridique

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Publié par	Random House Publishers India Pvt. Ltd.
Date de parution	31 août 2015
Nombre de lectures	1
EAN13	9788184007190
Langue	English

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INDU BHAN

LEGAL EAGLES
Stories of the Top Seven Indian Lawyers
RANDOM HOUSE INDIA
Contents
Foreword by Former Chief Justice of India R.M. Lodha
1. Harish Salve: The Invincible
2. Mukul Rohatgi: An Extraordinary Journey
3. Abhishek Manu Singhvi: Rising above Challenges
4. Arvind P. Datar: Never Give Up
5. Aryama Sundaram: Tireless Grit
6. Prashant Bhushan: A Legal Activist
7. Rohinton F. Nariman: The Gold Standard
Footnote
7. Rohinton F. Nariman: The Gold Standard
Acknowledgements
Follow Random House
Copyright
Advance Praise for the Book
Many lawyers have adorned and embellished the Hall of Legal Fame . . . The book, however, traces and maps the lives and achievements of seven of them, so that readers would feel them soar . . . achieving the unattainable. The book boasts an inspiring and thought-provoking narrative. The collection of life experiences takes one through their strengths and sensitivities, subtly hints at their flaws, and captures the significant movements in the legal profession. It makes for a very interesting read. ARUN JAITLEY, MINISTER OF FINANCE
The leading lights of the law are the torchbearers of the future in which the law is supreme and makes us all accountable. The journey is not easy, but the icons in the book will play an epochal role in clearing the debris. Legal Eagles captures the levels of excellence that each of the torchbearers in this book have achieved. These pathfinders have done yeoman service not only to the legal profession but also to society. This book vividly brings to the reader the life and times of these great achievers. KAPIL SIBAL, SENIOR LAWYER AND FORMER TELECOM AND LAW MINISTER
The legal profession is no less glamorous than that of film stars. From time to time, it throws up stars and also some superstars. The stories of some of these stars and superstars chosen by Indu Bhan for her book provide as fascinating a reading as would a book on Dilip Kumar, Rajesh Khanna and Amitabh Bachchan. Their exploits, which earned them their fame, and also their shortcomings, if any, both have been beautifully covered in this excellent book. Legal Eagles is surely a must-read for all lawyers and also perhaps some discerning film stars. SHANTI BHUSHAN, CONSTITUTIONAL LAW EXPERT AND FORMER LAW MINISTER
Legal Eagles will inspire young lawyers in their future careers. ANIL B. DIVAN, CONSTITUTIONAL LAW EXPERT AND SENIOR LAWYER
It makes for fascinating reading. Every member of the legal fraternity knows the legal eagles covered in the book, but not many know the interesting background of each one of them, how they started and rose by leaps and bounds, and how they have become role models for the younger generation of lawyers and law students. The book is impressive and inspiring. It is opportune as it comes at a time when the luminous stars are shining bright. P.P. RAO, CONSTITUTIONAL LAW EXPERT AND SENIOR LAWYER
To my loving daughter, Mahika
There is a tide in the affairs of men,
Which taken at the flood, leads on to fortune.
Omitted, all the voyage of their life is bound in shallows and in miseries.
On such a full sea are we now afloat.
And we must take the current when it serves, or lose our ventures.
- William Shakespeare, Julius Caesar , Act IV, Scene III, 218-24
Foreword
Among those who choose the profession of the law, there are some who receive the glittering prizes that success at the Bar enables. The course of a journey for them is as challenging as it is for others. Legal Eagles is a piece of work on seven leading lawyers of the Supreme Court of India-one of them is now adorning the bench. How did they distinguish themselves from others in the legal profession? What has gone into making them such successful lawyers? How did their families and friends help them in overcoming the many hardships and brought about an evolution in their personalities? What has been their contribution to the development of law and constitutional principles? Indu Bhan, an accredited journalist, who covers the Supreme Court for the Financial Express , has addressed the above and many more aspects. Only a reporter who has done extensive research on the performance of these lawyers and watched their persona could have given such an incredible account!
I first entered the Supreme Court as a spectator in 1969-it was not as difficult then to enter the majestic premises as it is now. On completion of my graduation I intended to study the law. In the First Court, a Constitution Bench of nine judges was hearing the R.C. Cooper case (known as the Bank Nationalization case). The eloquence of the two top lawyers-N.A. Palkhivala and Niren De-was the most impressive element of the show. A couple of decades later, when I became a judge of the Rajasthan High Court and later its Chief Justice, and then moved on to become a judge of the Supreme Court of India and, ultimately, the Chief Justice of India, I got the opportunity to hear all sorts of lawyers. The client-centric approach of contemporary lawyers has blurred the boundary between law and other disciplines. The impact of the continuing globalization of business, finance and commerce has brought into focus the need for courageous lawyers with the highest ethical standards. I hold the view, as many do, that the responsibility of the legal profession towards the public at large is even greater now.
In a democratic country like India, where the rule of law is the driving force in all spheres of governance, an independent and effective Bar is indispensable. The effectiveness of justice delivery is qualitatively dependent on the performance of the lawyers. Everything that goes on in the Supreme Court is related to something important and, as a part of process, it is the quality of lawyers, their knowledge, analytical skills and ability to develop legal and constitutional principles that enable the court to consistently arrive at correct decisions . The judgement skills of the judges are definitely a critical factor, but the availability of quality legal assistance is directly and intimately connected to the adjudicatory process. Many important judgements delivered by our Supreme Court bears testimony to the great assistance rendered by these senior lawyers.
It is seen that when the disposal of natural resources is exposed to the ill usage of arbitrary power, the consequences do follow through judicial process. After all, the distribution of natural resources should contribute to the public good. As regards the two comparatively recent cases-the 2G spectrum case and the coal allocations case-which were decided by the Supreme Court, Harish Salve considers the judgements delivered therein to be legally flawed. He says with regard to the 2G spectrum judgement, This judgement, according to me, does not deal with the logic of the policy under which licences were granted at a preset price. It says you must auction spectrum-which is really a matter of policy. The trouble is that there is a trust deficit with the government, and I think this impacts upon and destroys policymaking in India. As a result, the court ends up micromanaging administration. No one defends corruption-if the court found corruption or arbitrariness in the process, it could have quashed the decisions tainted by their vice. To hold that a government must always maximize revenues has far-reaching implications in an emerging economy.
About the judgement on coal allocations, Harish Salve s view is that it is wrong on many grounds. Criticism and healthy debates are the only viable way of refining and disseminating our thoughts on such matters, which helps in the development of law and creating new constitutional jurisprudence.
When one considers the professional chart of the seven lawyers about whom this wonderful book is written, there are different images that emerge, but if there is one thing which is common to them, it is that none of them has failed to live up to his promise. They have towered over the rest, deservedly, as they possess all the necessary elements for succeeding in the profession-skill in argument, perception of legal principles, close train of logic, command over language and eloquence. For me, personally, it was always a delight to hear them argue.
Leading lawyers, as they are, must now take the lead in court reforms, particularly with regard to the reduction of time in oral arguments-seeing that the Supreme Court has developed a crushing backlog of cases. The time has come for slashing the time taken for oral arguments and allowing the court to set new parameters.
Indu Bhan s work will fascinate all those who want to gain an intimate view of individuals who have contributed to the advancement of law in their own way in the last two decades or so. The author takes the reader along while drawing biographical sketches of the legal eagles and, in the process, she examines with an open, inquiring gaze the secret of their success in the profession. The work is splendid.
R.M. LODHA
Former Chief Justice of India
I
HARISH SALVE: THE INVINCIBLE

Born on 22 June 1956 in Nagpur
Success is not final, failure is not fatal:
It is the courage to continue that counts
-Sir Winston Churchill
HARISH SALVE had just crossed his teens and, as a young film enthusiast, he was completely floored and absolutely bewitched by the charms of his Bollywood idol. He was enthralled by this towering personality that he would hear speak, enchanted by his personality, his charm, his aura. There was something unusual and magnetic about him that attracted people.
That actor was Dilip Kumar.
Spellbound by his charisma, young Harish, who had already developed a passion for taxation and the law, would sit all day and hear the discussions carefully, with the occasional-incisive-interjection.
My father led the team, and we had meetings all day, well into the evening, when the sun disappeared into the Arabian Sea. It was absolutely mesmerizing, says Hari