How to read Judgments of The Courts ?
All legal fora up to District level are The Courts of Law bound to adjudicate only within the frame of Statutes; The Supreme Court of India and the High Courts are the Courts of Justice and Record whose Judgments are binding upon all the respective Subordinate Courts. Irrespective of nomenclature, every Court is bound by Laws in force enacted by The Legislature
Judgments are of Two Kinds –
1. Judgments purely based on facts and circumstances of a case within the scope of relevant laws out of which no new legal propositions can be made-out except to follow the Law by any Court.
2. Judgements mainly based on Interpretative Statutory and Constitutional Laws where Challenged laws can be struck down by The Courts of Justice with new legal propositions. But, the Dynamics of Law does not mean the Courts can make Laws in a Country of Written Constitution prescribing Separation of Powers.
The primary duty of the Courts is to uphold the Laws in force. The Apex Court or The High Courts are not exception. Judges are ought to be more careful in authoring words, expressions, interpretation of laws conjoining the facts and circumstances of a case on the touch stone of relevant Laws, Judicial Precedents and Jurisprudential Principles.
For example, Maneka Gandhi Case laid down basic dynamic principles of Human Rights within the ambit of Art. 21 of The Constitution of India but did not disturb Passport Act, 1967; in operative portion, The Apex Court directed Smt. Maneka Gandhi to file an appropriate application before the concerned Passport Officer for return of her passport and PO shall decide such application, if any, expeditiously. This is one the finest Judgments in India,
Presumptions of Judges shall not preclude the sanctity of Laws in force unless Legislature amend existing Laws or enact new Laws – the Constitutional Prerogative of The Legislature, only. The Courts can’t infuse rights or obligations upon the parties in absence of relevant Laws in force.
Author : Dr.R.PRABHAKAR Advocate & Overseas Legal Consultant, High Court of Andhra Pradesh at Hyderabad … INDIA.
Judgments should not read like monologues
by Dhananjay Mahapatra (Times of India)
The Supreme Court pronounced two important judgments last week — one on right to freedom of speech and expression enjoyed by the media in reporting criminal trials and the other on appointments to information commissions under the RTI Act
Sadly, both orders were disappointing, for they sounded like monologues or views of a person who wrote it without taking into account arguments and counter-arguments, logic and views advanced by eminent lawyers…..
Clarity in judgment writing is essential since “in a written Constitution, it is rarely that everything is said expressly. Powers and limitations are implied from necessity or the scheme of the Constitution”. [Keshavananda Bharti 1973(4) SCC 225].
Read complete Article here