“Brain rot” is the word of the year, according to the Oxford University Press. Simply put, it refers to the intellectual or mental deterioration resulting from the consumption of low-value or unchallenging online content. This phenomenon is expanding rapidly as users increasingly rely on platforms like WhatsApp, Twitter, Quora, Reddit, and not to forget, podcasts, for information. Unfortunately, many accept the content they encounter without questioning its accuracy or the source. As a result, these platforms often perpetuate misinformation, challenging established norms and facts.
In 2024, brain rot seeped into the realm of legal and political discourse. Topics like the Constitution, the Uniform Civil Code (UCC), the Emergency and judicial conduct became fertile grounds for misinformation or selective narratives devoid of context. While it is impossible to fact-check every political speech, WhatsApp forward, Twitter thread, or self-proclaimed expert on podcasts, this final column for 2024 aims to counter brain rot by recommending authoritative and well-regarded books on these issues. These works can serve as antidotes, steering readers toward thoughtful engagement with complex topics.
The Constitution was at the centre of debate as it turned 75. Although the government announced celebrations for the diamond jubilee, concerns of lack of inclusiveness and partisanship persist. Historically, discussions about the Constitution’s authorship have disproportionately credited certain individuals while sidelining others. To avoid falling into this trap, ideally one must read the twelve-volume Constituent Assembly Debates. However, given the challenges of such extensive material, the following books provide concise yet comprehensive insights.
First, The Indian Constitution: Cornerstone of a Nation by Granville Austin offers a comprehensive account of the Constitution’s framing, covering the origins of the Constituent Assembly, the political context that shaped it, and the rationale behind its final provisions. The book is an engaging read, and its first chapter, The Constituent Assembly – Microcosm in Action, debunks several myths. These include Dr BR Ambedkar’s decision to join the Assembly despite his differences with the Congress, the influence of public opinion on constitutional drafting, and the pivotal roles played by the ‘big four’ - Jawaharlal Nehru, Vallabhbhai Patel, Maulana Azad and Rajendra Prasad. Austin also highlights the contributions of sixteen other, often overlooked, members who were instrumental in shaping the Constitution.
Second, The Fifteen: The Lives and Times of the Women in India’s Constituent Assembly by Angellica Aribam and Akash Satyawali. The popular discourse surrounding the Constitution has often focused on a select few names, frequently overlooking the contributions of others, particularly the fifteen women members and the unelected bureaucrats. The Fifteen seeks to address the marginalisation of these women by highlighting their influence and contributions. For example, the chapter on Ammu Swaminathan emphasises her determination to challenge Nehru in securing women's representation in the Congress Working Committee and advocating for women to be fielded in general seats, as opposed to those reserved for them. Similarly, Swaminathan confronted Law Minister Ambedkar on the Hindu Code Bill, ensuring that representatives from women's organisations were consulted, given the Bill's significant impact on women. Amidst the laughter of the male members in the Assembly, she boldly asked Ambedkar,
"I would like the Hon. Law Minister to tell us whether, in view of the fact that the Hindu Code Bill affects women very largely and that there are several women's organizations in India, they have been asked to send representatives to this Advisory Committee that is going to be called very soon."
Most importantly, despite being elected on a Congress ticket, Swaminathan, in her speech on the adoption of the Constitution, praised it for granting equal rights to women, while also criticising its length.
Third, How India Became Democratic by Ornit Shanti, particularly Appendix 5.1 (on page 196), highlights the contributions of the bureaucrats in the Constituent Assembly Secretariat. It discusses the role of BN Rau, who prepared the first draft of the Constitution; SN Mukherjee, who communicated with the public and administrators about constitutional and franchise matters; KV Padmanabhan, who drafted notes that served as the basis for discussions in the Assembly, and others including PS Subramanian, AA Abidi, and Brij Bhushan. Rau and Mukherjee, in particular, have been referred to as the chief draftsmen of the Constitution by Ambedkar, yet they are seldom acknowledged in public discourse.
In March 2024, Uttarakhand became the first state to enact a Uniform Civil Code (UCC). Subsequently, in his Independence Day speech, the Prime Minister called for a discussion on a Secular Civil Code in India. The UCC is a highly charged issue in the country, and I have previously argued that it must be discussed openly, as silencing the discourse amounts to a selective veneration of the Constitution.
To fully understand the context of the UCC, one must read India After Gandhi by Ramachandra Guha. In particular, the chapter titled ‘The Law and the Prophet’ explores the constitutional position of the UCC and sheds light on the decision to codify personal laws only for Hindus, Sikhs, Buddhists and Jains through the Hindu Code Bill. It also discusses Ambedkar’s resignation from the Cabinet, the opposition’s response - which included burning effigies of Nehru and Ambedkar - and the broader political dynamics. The book provides crucial background for the ongoing debate over the UCC.
The Central government this year declared June 25 as ‘Samvidhan Hatya Diwas’ (Constitution Assassination Day) to honour the sacrifices made by people during the infamous Emergency imposed by Prime Minister Indira Gandhi in 1975. It is universally accepted that the Emergency saw widespread violations of human rights and liberties. However, the reasons behind its imposition, the role played by the judiciary and the shifting public perception over the 21-month period are seldom discussed.
India’s First Dictatorship – The Emergency, 1975-77 by Christophe Jaffrelot and Pratinav Anil, and Working a Democratic Constitution – A History of the Indian Experience by Granville Austin, delve into these factors in detail. Jaffrelot and Anil, in the chapter ‘Subverting Institutions: Remnants of Democracy,’ note that Indira Gandhi’s defence of the Emergency, as an argument against authoritarianism, rested on the fact that Parliament was summoned and functioning. However, the lack of debate, the stifling of opposition voices and the complete surrender of constitutional authorities to the Prime Minister reveal that the mere formality of a functioning Parliament does not equate to a true democracy.
In the chapter ‘The Judiciary Under Pressure,’ Austin examines the judiciary's role in supporting the executive. While the judgment in ADM Jabalpur is well-known, the chapter highlights other instances of judicial support, such as Chief Justice Ray’s decision to reconsider Kesavananda Bharati, the observations by judges favouring the executive during the Emergency, and the widespread transfer of judges who had ruled against the government. The chapter serves as a reminder that a strong executive has long interfered with judicial appointments, with some judges supporting the government. Importantly, it also highlights how the people have historically stood up to such actions, leading to course corrections in the judiciary.
In December, Justice Shekhar Yadav of the Allahabad High Court sparked controversy with his extra-judicial remarks against a religion, sub-judice matters, and the government. His comments reignited the debate over improper judicial conduct and the politicisation of the judiciary—an issue that is unfortunately not new.
The seminal work Judges of the Supreme Court of India: 1950-1989 by George H Gadbois Jr examines the lives, appointments, tenures and controversies surrounding the judges of the Supreme Court. The book discusses episodes of judicial supersession - starting with Justice Imam (1951), Judge Ray (1973), and Justice Beg (1977) - as well as court-packing by the executive; the deliberate appointment of judges sympathetic to government policies. It also addresses the calls for reform in the system of judicial appointments.
More importantly, the book highlights instances where judges have displayed improper conduct in supporting the executive. For example, Justice Bhagwati’s repeated praise of Prime Minister Indira Gandhi, including his infamous letter in which he lauded her “iron will and firm determination, uncanny insight, and dynamic vision.” However, the book also notes that the executive never openly endorsed such statements. For instance, in response to a speech by Justice Bhagwati in which he remarked that all judges should be committed to the Congress, Law Minister Gokhale clarified that this was not the government’s position.
The books mentioned above do not provide definitive answers to contentious issues, but rather serve as starting points for deeper inquiry. They encourage readers to question prevailing narratives and embrace nuance - an essential practice in an age where misinformation often reduces complex histories and legal principles to simplistic binaries or a black-and-white approach. Understanding law and history demands effort, dedication, and an open mind. This column hopes to inspire such curiosity and combat the intellectual stagnation that brain rot fosters.
Swapnil Tripathi is an Advocate and a DPhil (in Law) Student, University of Oxford. He tweets at S_Tripathi07.
Note – The author has compiled a list of interesting books on legal history and law which can be accessed here.
The author expresses his gratitude to Dr. Parveen, his law school professor, for introducing him to George Gadbois’s transformative work.