19 October, 2020

Harsh In His Judgement

Overly critical of the apex court, Shourie fails to see its redeeming aspects

Harsh In His Judgement
Some years ago I had a phone call from Arun Shourie: "Soli, may I use your law library for some articles I am writing about some Supreme Court judgements." I readily agreed. Shourie made full use of the reports.

Industry, research and thoroughness have been Shourie's hallmark. And Courts and Their Judgments amply reflects this. It is rare to find a journalist with such extensive knowledge of law and judicial decisions. The uninformed may conclude that he is a trained lawyer.

On the whole, Shourie is critical of the judgements of the apex court and its functioning. Several passages from its judgements are cited to establish inconsistency. Shourie perceives inconsistencies in some cases where there are distinguishing features. That apart, which apex court in any country has been consistent throughout? Judges are not vouchsafed the divine gift of infallibility. Our Supreme Court has on occasion reversed its previous judgements rather than obstinately refuse to acknowledge its errors. Thank providence that our Supreme Court does not overrule its decisions with the...



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