Abstract

The Constitution of India is one of the liveliest and most dynamic document that is recognised as a grundnorm, all over the world. It not just supports, but also elaborates upon the purport of the values that the Indian Constituent Assembly members possessed, and so proudly upheld. The Indian Constitution, furthers the ideals and principles of basic tenets of natural justice, foundational legal principles, and conceptual pillars of constitutionalism as well as, constitutional law. The essence of the Indian Constitution is the socio-economic transformation that is envisaged, for the whole nation. Article 311 is also one such provision. This single most provision of the Indian Constitution forms the basis of the service law jurisprudence in India. Service law matters, issues related to appointment and removal of civil servants, reasonable opportunity to be heard and other such legal constitutional rights- all of these emanate from Article 311 itself, and the constitutional values of our forefathers forms the basis of the same. However, not much is known about the landmark case that gave rise to service law jurisprudence in India. It was the landmark, but relatively unknown case of High Commissioner for India and the High Commissioner for Pakistan v. I.M. Lall (1948) BOMLR 649, which was the foremost case whereby an Indian won against the mighty British Empire. Chander M. Lall, writes about the colossal personality that was, I.M. Lall- his grandfather and the civil servant who was wrongfully dismissed sans any reasonable opportunity given to be heard. ICS officer Sh. I.M. Lall was wronged against by the nefarious designs of the British Empire, but with his one-pointed motivation and determination, coupled with professional righteousness and moral ethics of his very being- fought valiantly against the Empire in the Privy Council and won. This was the watershed moment in the Indian service law jurisprudence, against the backdrop of the teary partition of the year 1947 and relocation of the Lall family. Not many, even in the legal profession are aware of this locus classicus, and this is particularly why Chander M. Lall’s book is a must read for legal professionals, young scholars, and every Indian alike. The case of Sh. I.M. Lall, wholly justifies what Macaulay stated through his words: And how can a man die better, Than facing fearful odds; for the ashes of his fathers, and the temples of His Gods. This is probably the essence of raw and unmatched courage, that I.M. Lall showcased in the face of deathly odds, including the traumatising partition of the Indian subcontinent. The Indian service law jurisprudence owes her life to I.M. Lall, undoubtedly.

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