Glocal Law School invited all the legal professions from bar, bench, legal academia, students, researchers and experts of judicial studies for the National Conference on “Judicial Dissent: A Conceptual and Contextual Audit of the Decision Making in the Supreme Court of India” to be held on two days 4th and 5th of April, 2015. Glocal Law School in association with Rural Litigation & Entitlement Kendra (RLEK), Dehradun, organizing this seminar. The seminar mainly focused on the role of judiciary in constitutional changes, starting with “framing workshop-cum-conference” which involves intensive discussions, sharing knowledge among participants from various platforms of legal field, a discussion paper, and framework to enhance rule of law in new constitutional frameworks to reinforce the judiciary role.
A brief background would be better to understand the purpose of conducting the seminar which is as follows. It is the fact that there were so many dissenting judgments delivered by our Hon’ble Judges of Supreme Court of India, received silent acknowledgement. Writing judgments rejecting the majority judges’ view and pointing out the error by stating reasons is a key indicator for healthy judiciary system. Dissenting judgments confirms the fact that judges in Courts are obliged to give their opinion on the constitution and law. Dissenting opinion gives a reasonable presumption that judiciary can take stand against executive and legislature who were given limited powers in the constitution. In such way, dissenting options enjoy a true distinctive, contradictory and institutional status. US Legal System appreciates the dissenting opinions over the period. Constitution of India realized the importance of dissenting judgments and given a right to dissent is given to the judges. At one point of time, House of Lords highly influenced by the dissenting judgment given by eminent justice Mr. Subba Rao in Radhey Shyam Khare v. The State of Madhya Pradesh, which opined that dismissal of an employee could not be made without giving reasonable opportunity of being heard and also to be seen in the aspects of natural justice. House of Lords by this landmark dissent, reversed a 30-year old precedent in Ridge v. Baldwin. Indian Judges’ dissenting judgments were greatly applauded by the US legal system on many occasions. Unfortunately, it is observed in the last 20-year period that number of dissent opinions has reduced to the lowest level, raised an alarming doubt whether any democratic terms in judiciary declined or judges not allowed to give dissenting judgments as there seen reduced rate of dissent in the level of Chief Justice of India Benches. It is doubtful whether the authority Chief Justice of India restrains its other brother Judges to give dissents or the constitution of Benches is being done with likeminded people. Under these circumstances, it is all our duty as we are the part of legal system, to raise our voice against the trend of declining dissents in the judiciary, which is not good for the progress of Country.
Objective of the Workshop is to bring all the legal professionals such as bar, bench, legal academia, researchers and experts who study mainly on role of judges, and other similarly interested people to discuss the issues that led to the decrease in number in the dissenting opinions in supreme Court, and to discuss global trend of judicial decision making process and also to support the dissenting frameworks in order to strengthen the legal system in India.
Themes of Seminar:
- Judicial Independence, Dissent and Constitutionalism: Conceptual Framework –
- A clear perspective of a normative constitution;
- The relationship of constitutionalism with judicial dissent; and
- The relationship of judicial dissent with the overreaching principle of judicial independence.
- Genealogy of Judicial Dissent: Global Experience
- Focus :
- Origin, development and justification of practice of dissent in England;
- Espousal and alteration in the practice of dissent in the United States of America;
- Focus :
- Why Do Judges Dissent?
- Why do judges dissent in the court?
- What are the factors that affect the behaviour of the judge in the court?
- Whether judges act as strategic actors? What other considerations needs to be taken into account in determining strategy (e.g, focus of judicial action on administrative law, rights adjudication, corruption or other?
- What different strategic approaches have been used by the Supreme Court of India?
- Culture of Dissent in the Indian Supreme Court: Past & present – dissenting judges being the cause for changing old laws.
- Rate of dissent in past and present in the Supreme Court.
- It appears that there is decline in the dissent. If it is so then what are the factors which are contributing in this trend.
- Contribution of Dissenting Opinions of Supreme Court Judges in India
- Whether dissenting opinions contributed to the growth of law in India?
- Whether dissenting opinions could ever receive the recognition of the legislature?
- Rate of approval of dissenting opinion by subsequent benches of the Supreme Court.
Registration Fees quoted INR 500 per participant.
- Last date for abstract submission: February 28, 2015
- Acceptance of abstract: March 5, 2014
- Full paper submission and registration for conference: March 28, 2015.
- Date of Conference: April 04-05, 2015.
Dr. Yogesh Pratap Singh, Convenor
Mobile No. +91 8392939345
Dr. Afroz Alam, Co-Convenor
Mobile No. +91 9438303041
Venue: Glocal University, Delhi-Yamunotri Marg (State Highway 57), Mirzapur Pole, Distt. Saharanpur, Uttar Pradesh - 247122
by Anitha Gutti