Guardians of the Republic: Essays on the Constitution, Justice, and the Future of Indian Democracy

In this incisive collection of essays, Ashwani Kumar brings together his deep-legal and political experience as Senior Advocate, former Union Law & Justice Minister and parliamentarian to reflect on the state of India's constitutional democracy. He examines the living Constitution of India, the balance of power between judiciary, legislature and executive, and the role of constitutional institutions in safeguarding justice, liberty and equality.

Moving beyond theory, the book addresses the practical challenges facing India today, strengthening democratic governance, tackling institutional decline, ensuring access to justice, and renewing the spirit of republican citizenship. With urgency and insight, the author calls for a reinvigoration of India's founding ideals so that the Republic remains rooted in dignity, accountability and the rule of law.

A vital read for lawyers, policymakers, students of polity, and anyone concerned with the future of Indian democracy.

From the Foreword

What sets this collection of essays apart is their intellectual eclecticism...[Dr Ashwani Kumar] offers a poetic remedy to the waywardness of the current global leadership: listen to 'the hidden silences.' This is the work of a humanist steeped in the poetics of his cultural inheritance."

- M. Hamid Ansari
Vice President of India, 2007-17

Reviews

In a powerful and thought-provoking exploration, Dr Ashwani Kumar delves into the complexities of human dignity... With profound insights and compelling narratives, this book challenges us to re-examine our values and assumptions, and to recognize the inherent worth and dignity of every human being... An essential read for every right-minded citizen concerned with justice, equality and human flourishing.

- Justice A.K. Sikri
Former Judge, Supreme Court of India, International Judge, Singapore International Commercial Court

This book provides a thoughtful and well-evidenced insight [into the interaction between democratic pressure and judicial restraint on populism] from Dr Ashwani Kumar, a highly experienced senior lawyer and politician with first-hand experience of these issues. Though focused on India it carries important insights for other countries round the world.

- Lord Peter Goldsmith KC
Former Attorney General for England and Wales, Chair of European and Asian Litigation, Debevoise & Plimpton LLP

... upholds the Nehruvian vision of a liberal democratic republic in the face of the dismantling and capitulation of the institutional edifice of India's 'flailing' democracy. Eschewing political polemics, the writer-cum-poet-cum- jurist gently chides us for our 'collective and institutional failures to vindicate the vision of our founders. Noting the global dimension of this challenge, Dr Ashwani Kumar invites us, especially the political leaders, to rekindle a moral vision and act upon it.

- Yogendra Yadav
Political activist and National Convenor, Bharat Jodo Abhiyaan

Dr Ashwani Kumar's book is a must-read for anyone interested in the critical, continuing debate in India about the proper role of judges in India's constitutional democracy. [This is] a learned, inspired, eloquent and, at times, poetic, vindication of the humanitarian role of the judicial arm of the state in defending fundamental human rights.

- Edward Fitzgerald KC
Barrister, Founding Head of Doughty Street Chambers, London

Foreword
Introduction
1. Constitutional Rights, Democracy and Judicial Review: A Case for Balanced Constitutionalism
2. Let Justice Prevail Over Power
3. Innocent Till Guilty
4. Torture Shadows India's Justice System
5. Signals of Hope from the Supreme Court
6. A Mandate for Humility
7. Bulldozer Justice: Iron in the Nation's Soul
8. Lest We Forget
9. Let's Reawaken as a Nation to Sing the Song of Freedom
10. A Custodian of Liberty
11. Artificial Intelligence: The Ethical and Constitutional Boundaries