Thus Spake Their Lordships! Quotable Quotes from Supreme Court Casestm (SCC) (1969–2015)
Total Page：16
File Type：pdf, Size：1020Kb
Thus Spake Their Lordships! Quotable Quotes from Supreme Court CasesTM (SCC) (1969–2015) SUMEET MALIK B.A., LL.B. (Hons.) (NLSIU), LL.M. (IP) (Franklin Pierce) Advocate, Supreme Court Associate Editor: ‘Supreme Court CasesTM’ Managing Editor: ITCC Assisted by BHUMIKA INDOLIA B.A., LL.B. Assistant Editor Eastern Book Company Lucknow EASTERN BOOK COMPANY Website: www.ebc.co.in, E-mail: [email protected] Lucknow (H.O.): 34, Lalbagh, Lucknow-226 001 Phones: +91–522–4033600 (30 lines), Fax: +91–522–4033633 New Delhi: 5–B, Atma Ram House, 5th Floor 1, Tolstoy Marg, Connaught Place, New Delhi-110 001 Phones: +91–11–45752323, +91–9871197119, Fax: +91–11–41504440 Delhi: 1267, Kashmere Gate, Old Hindu College Building, Delhi-110 006 Phones: +91–11–23917616, +91–9313080904, Fax: +91–11–23921656 Bangalore: 25/1, Anand Nivas, 3rd Cross, 6th Main, Gandhinagar, Bangalore-560 009, Phone: +91–80–41225368 Allahabad: Manav Law House, Near Prithvi Garden Opp. Dr. Chandra’s Eye Clinic, Elgin Road, Civil Lines, Allahabad-211 001 Phones: +91–532–2560710, 2422023, Fax: +91–532–2623584 Ahmedabad: Satyamev Complex-1, Ground Floor, Shop No. 7 Opp. High Court Gate No. 2 (Golden Jubilee Gate) Sarkhej — Gandhinagar Highway Road, Sola, Ahmedabad-380 060 Phones: +91–9228012539, +91–75679003245 www.facebook.com/easternbookcompany www.twitter.com/ebcindia Shop online at: www.ebcwebstore.com First Edition, 2016 ` 2950.00 All rights reserved. No part of this work may be copied, reproduced, adapted, abridged or translated, stored in any retrieval system, computer system, photographic or other system or transmitted in any form by any means whether electronic, mechanical, digital, optical, photographic or otherwise without a prior written permission of the copyright holders, EBC Publishing. (P) Ltd., Lucknow. Any breach will entail legal action and prosecution without further notice. This book is sold subject to the condition that it, or any part of it, shall not by way of trade or otherwise, be sold, lent, re-sold, displayed, advertised or otherwise circulated, without the publishers’ prior written consent, in any form of binding, cover or title other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser(s). Any breach of any of these rights or conditions will entail civil and criminal action without further notice. While every effort has been made to avoid any mistake or omission, this publication is being sold on the condition and understanding that neither the author nor the publishers or printers would be liable in any manner to any person by reason of any mistake or omission in this publication or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this work. For any error in the text or any defect in printing or binding, the publishers will be liable only to replace the defective copy by another correct copy of this work then available. All disputes subject to the exclusive jurisdiction of courts, tribunals and forums at Lucknow only. Copyright © EBC Publishing (P) Ltd., Lucknow Publisher: EBC Publishing (P) Ltd., 34-A, Lalbagh, Lucknow–226 001 Printed and Produced by: Thomson Press (India) Ltd. 10, Tughlak Road Dipak Misra New Delhi–110011 Judge Tel.: 23792196 Supreme Court of India 23792197 Foreword It has been said long back that when a good innovative idea springs up or a new dimension is presented, everyone who has the potential attributes to be connected feels the fragrance of it; and the said feeling get more accentuated with locomotive spirit when it associates itself with an institution. It also reflects keen and studied interest in the institutional mores that gradually becomes an echo. It is in contra-distinction to an individual voice. The present book evocatively portrays the thoughts, definitely a collective one, of the Apex Court; and the inner beauty is that they have been artistically woven covering a period of four and half decades and decisively not striding in chronicle of time but respecting the idea and philosophy with efflux of time behind various subjects. The intention is singular’ to project it as a treasure-house of judicial wisdom with focus. The fundamental purpose, as one can perceive, is to structure the space and inject the intellect. The idea nurtured by the compilers is all inclusive. The thought behind such a compilation is to acquaint the generation of lawyers with the theme how the authors of judgments have projected their views. It undoubtedly ignite one’s thinking and, at times, make on realise one’s place in the universe of law. A book of quotations is always inspiring if it is well chosen and there is synchronicity between the traditional views and the perception of modern times. The amalgam of history, historicity of approach and progressive modernism basically makes a book of quotations not only a store house of knowledge but also very distinctive pleasant reading. History has recorded how moderns are envious of the past and sometimes amused. But, the present book is an exception to those ideas. It, in fact, has reproduced what had already found place in the journal from the very inception. An observant VI THUS SPAKE THEIR LORDSHIPS! mind will indubitably perceive that the compilation is an exposition of arrangement which is topic-wise but not author-centric. A legal quotation is expression of a thought, a view, a philosophy or a principle, stated with precision and clarity. It may be the core of the decision or a seed sown for future development of law. Lawyers while researching cases, and judges while writing judgments, constantly recollect having read a relevant principle or quotation somewhere, but will not be able to lay their hands on the decision. This compilation will enable the lawyers and judges and others interested in law, to access the appropriate quotation or principle with ease; and as this book also gives the reference of cases where the quotations occur, it will be easy for them to refer to the decision and understand the context in which the quoted statement has been made. A quotation from a judgment is always reflective of three essential components, namely, creative spontaneity, diligent craftsmanship and concentrated deliberation. That is why it takes time and effort and required experience, sound knowledge of law, wisdom and clarity in thought and expression. The present book emphasises on subject-orientation so that it can benefit the reader, the researcher, the academician, the advocates and the Judges. The qualitative paradigm is clearly spelt out. It can be said with certainty that the book commands serious concentration’ and simultaneously instils pleasantness. The idea of harmony is home. As a humble reader, I have no speck of doubt that anyone who is interested in legal history and objective delight will find the book extremely useful. [Dipak Misra] August 12, 2015 Preface “You will die but the words you speak or spoke, will live forever.” —Auliq Ice How does one encapsulate the individual and collective wisdom of men as worthy as Justices of a Supreme Court? In dispensing justice they state the mundane and the profound, and thus this compilation is an effort to collect those pearls and weave them in a thread to make a beautiful necklace. These gems of sublime thought and felicitous expression embody the aspirations and values of our developing law and deserve to be treasured and are worthy of being cited. Inspired by the thoughts of the Judges, we at Supreme Court Cases (SCC) have been culling out interesting and important passages from judgments of the Supreme Court which contain many words of wisdom. These quotations relate to many aspects of law and life. Some speak of the role of the State and the Judiciary, some comment on individual rights and freedoms, others remark on nation building – Some are idealist, some downright practical. These words by the Supremes will hopefully make millions think. Having culled these quotes from the judgment we then thought of classifying them by broad topics with a cross referencing system so that readers can look them up from whichever topic that comes to their mind. Cross referencing in this book will also help the reader to get different perspectives of the quote. Also, an effort has been made to further divide the broad topics into sub topics, to make it easier to find the quotation that the reader is looking for, for eg. the topic ‘Supreme Court’ is further sub-divided into ‘Powers of’, ‘Role of’ etc. We have also created an extensive word index by which the quotes which contain a particular word can be found. The Word Index also lists Articles of the Constitution and Sections of Acts and therefore can be really helpful in case the reader wishes to look for an excerpt with respect to a particular provision. Viii THUS SPAKE THEIR LORDSHIPS! We have incorporated a Judge Index by which readers can refer to the quotes of their idol Judges. We hope that in creating this work, we are able to make the law a little less dreary and those engaged in the study of the law are made to think, reflect and may be follow these little gems. We also gratefully acknowledge the efforts of legal editors, proof readers, compositors and legal interns who have given their best to this project —Sumeet Malik Contents Topic Index ............................. XL Name Index ............................. LV Table of Cases .......................... LXV Quotable Quotes .......................... 1 Word Index ........................... 1201 Topic Index ABANDONMENT . 1 ACCOMMODATION . 11 See WAIVER See URBAN HOUSING PROBLEMS ABDICATION . 1 ACCUSED . 11 See LEGISLATURE Rights of . 11 See POLICE AUTHORITIES ABILITY TO PAY . 1 See also LEGAL AID ABOVE THE LAW .