38.6c New Delhi, India, Monday, July 15, 2024
Legislative Corner

Supreme Court’s judgement in Article 370 Abrogation: Senior Advocate Fali S Nariman Regrets to note lack of dissenting judgement

By Rintu Mariam Biju      06 January, 2024 05:23 PM      0 Comments
Supreme Court’s judgement in Article 370 Abrogation: Senior Advocate Fali S Nariman Regrets to note lack of dissenting judgement

NEW DELHI: Renowned Senior Advocate and jurist Fali S Nariman on Friday expressed regret noting that there was not a single dissenting judgment in the recent Supreme Court verdict on the abrogation of Article 370. 

Highlighting this, he said, a dissent wouldn’t have really changed the outcome of the judgement but still would have helped the general public to be better informed. 

“On reading on the very exhaustive and learned judgements on Kashmir recently handed down by our constitution bench of five judges, my regret has been that there was no dissent. A dissent would have made no difference to the outcome, but better still, it would have helped the not so-informed general public to better understand and appreciate the contours of this very unique, very long and somewhat complicated case about India’s northern most state. It is also necessary to recall what an American judge once wisely said - a dissent may salvage for tomorrow, a legal principle that has been omitted or forgotten today.”

On December 11, a constitution bench comprising Chief Justice DY Chandrachud, and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant delivered the judgment in the Article 370 case. The Bench upheld the Centre’s decision to revoke Jammu and Kashmir's special status under Article 370 of the Constitution in 2019. The court affirmed that the erstwhile state lacked internal sovereignty, and the state government's concurrence was unnecessary to apply the Indian Constitution.

Nariman was speaking at the 28th Justice Sunanda Bhandare Memorial Lecture on the topic titled 'Role of the Judiciary in Empowerment of Indian Women' organised by Justice Sunanda Bhandare Foundation. Justice BV Nagarathna delivered the lecture. This is what Nariman stated about the current sitting judge. 

“I’ve witnessed her (Justice Nagarathna’s) work and her demeanour on the bench. What I admire is not just her legal knowledge like that of her father’s but in important constitution cases, she has shown that she is able, ready and willing to dissent from the views expressed by other colleagues on the bench”.

He also referred to Justice Rohinton Nariman’s book which he wrote in 2 volumes about dissenting judges around the world and their judgements. Nariman urged everyone to read the book while emphasizing on the first chapter of the book – the need for dissent. 

“Yes, I do believe it is needed. Because often, dissent in a bench of judges, whether 3 or 5 or 7 or 9, is not just a safety valve. It also sends a message to the ever curious and ever anxious general public that the highest court is in robust health and doing its allotted tasks well”. 

Justice Nagarathna opined that participation of women in the judiciary is not only a constitutional imperative but also a necessary step to achieve the goal of robust, transparent, inclusive, effective and credible judicial process. According to her, having more women on the bench can contribute to a more effective space for the delivery of justice in the country.



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

TRENDING NEWS


TOP STORIES

journalist-soumya-vishwanathan-murder-case-sc-issues-notice-to-4-convicts-on-appeal-by-delhi-police
Trending Crime, Police And Law
Journalist Soumya Vishwanathan murder case: SC issues notice to 4 convicts on appeal by Delhi police

SC issues notice to 4 convicts in Soumya Vishwanathan murder case on Delhi police's appeal against their bail. Convicts had served over 14 years.

09 July, 2024 09:49 AM
why-indian-high-courts-still-have-old-names-despite-change-in-city-name
Trending Judiciary
Why Indian High Courts still have old names despite change in city name ? [Watch Video]

Know the reasons why Indian High Courts, like Bombay HC, Madras HC, and Calcutta HC, Allahabad HC still retain their old names despite the cities’ name changes. LawStreet Journal delves into the historical and legal context. Watch report !

09 July, 2024 09:56 AM
what-is-keir-starmer-stance-on-kashmir-issue
Trending International
What is Keir Starmer’s stance on Kashmir issue ? [Watch Video]

Under Keir Starmer, the UK's Labour Party shifts its stance on Article 370, focusing on strategic ties with India, moving from past criticisms to cooperation.

09 July, 2024 10:04 AM
ed-moves-sc-against-jharkhand-hc-order-of-bail-to-cm-hemant-soren
Trending Judiciary
ED moves SC against Jharkhand HC order of bail to CM Hemant Soren

ED moves SC against Jharkhand HC's bail order for CM Hemant Soren in a money laundering case linked to an alleged land scam.

09 July, 2024 12:14 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email