India News | Book by Former Justice to Analyse Dissenting Judgements of Supreme Court

New Delhi, Aug 16 (PTI) Tracing, exploring and analysing all dissenting judgments in the history of the Supreme Court of India, a new book will bring into light the cases that created a deep impact in India's legal history.

Presented in two volumes, "Discordant Notes: The Voice of Dissent in the Last Court of Resort" is written by retired Supreme Court judge Rohinton Fali Nariman. It will hit the stands on August 27, announced publishing house Penguin Random House India (PRHI) on Monday.

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A dissenting judgment, as ordinarily understood, is a judgment or an opinion of a judge, sitting as part of a larger bench, who 'dissents' with the opinion or judgment of the majority. Dissenting judgments or opinions appear in different ways.

"The impetus to write this book came from two sources. The first, a lecture I delivered at the 12th memorial lecture in the memory of Justice K.T. Desai in 2016, for which I had done basic research into great dissents and dissenters of the Supreme Court of India. The second impetus came in the form of a five week isolation period in March 2020 due to Covid 19, during which I researched cases from overseas," said former Justice Nariman.

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"Just like Edward Gibbon, who, after completing his magnum opus, 'The History of the Decline and Fall of the Roman Empire', said that he had lost a companion of 20 years, whose void would never be filled, I feel like I, too, have lost my comrade from those weeks of intense preparation and research putting this book together. I hope the reader enjoys reading this book as much as I did writing it," he added.

Born on August 13, 1956, he became a senior lawyer in 1993 and Solicitor General of India on July 27, 2011, before being elevated as the judge of the apex court on July 7, 2014.

Justice Nariman, who demitted the office on August 12, disposed of over 13,500 cases and delivered historic verdicts including the declaration of privacy as a fundamental right, setting aside of IT Act provision empowering arrests, decriminalising consensual gay sex and permitting women of all ages to enter Kerala's Sabarimala temple.

From the famous 'Bengal Immunity Co. Ltd. v. State of Bihar' in 1955 to 'Bhagwandas Goverdhandas Kedia v. Girdharilal Pashottamdas and Co.' in 1966 and 'Mafatlal Industries v. Union of India' in 1997 to 'Union of India v. West Coast Paper Mills Ltd.' in 2004, the book claims to be a "thorough examination of the important dissenting judgments of the SC, and of some of the Judges of the apex court for having written dissents of legal and constitutional importance, some of which have gone on to be recognised as correct position of the law".

"Comprehensive, definitive and authoritative, this is a must have for legal scholars and practitioners. Besides, the book will greatly interest policy makers as well as anyone interested in India's legal history," said the publishers in a statement.

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