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Justice Fali Nariman talks on Importance of dissents during Book Launch

2 min read


Snehal Upadhyay

Published on: August 15,2021 11:09 IST

The Former Supreme Court Judge, Justice Rohinton Fali Nariman on Saturday gave up a remark for the judges by saying that the judges must lay down Constitutional law in a continuum without being affected by the outcome of the next election.

Nariman also observed that dissent is very much alive in our Courts today. 

On Saturday, a panel discussion took place during the occasion of a book launch which was conducted by The Pratibha Khaitan Foundation.

The foundation comprised Justice BN Srikrishna, former Supreme Court Judge, Justice Gautam Patel of the Bombay High Court and Senior Advocate Darius Khambata. 

Justice Nariman said that he was confined in his home for six consecutive weeks during the pandemic and during that period he wrote the book, he also provided an overview of the book.

“This book has two volumes. The first chapter deals with the need for dissent. It gives pros and cons for allowing and disallowing a dissent. Privy council advising the King used to give the advice in one voice. Thus dissent was not there till the late 1900’s. Second is dissent and notable dissent which are notable right through world war I and II. Lord Atkin was there in World War I”, Justice Nariman stated. 

Opening his words on how dissenting judgement often act as an instrument of change, by citing the dissenting judgments of Justice Fazl Ali he described how two of his dissents became codified into laws later on under the first Constitutional Amendment.

Justice Nariman also talked about the dissents which did not become law by citing some of the dissenting judgements given by Justice Sinha and Justice Bachawat in the Golaknath v. State of Punjab case. He further stated that Justice Venkatachaliah’s dissent in A.R Antulay v. R.S Nayak has a very special mention in the book. 

Lastly, he concluded by saying that in our society dissent occupies a suspicious place and it brings faith in the independence of the judiciary.

Also Read: Fali S Nariman: One of India’s Living Legend