Judicial dissent is rare in these collegium days. The master of the roster, the Chief Justice, enjoys the privilege to constitute the Bench and majority and minority views, are often decided at the time of selection of judges for the bench constitution. After all it is a number game world over, and not free from its vices.Judicial discipline commands obedience to the majority view Stricto Sensu. Inside the court, minority judgment is often assigned literary value, contrary to perception I would see sometime in the future, the minority view of Justice Dave in NEET case transforming into a majority. We learn from history, Justice Khanna who was reduced to minority in ADM Jabalpur case (Habeas Corpus Case) later emerged as the only jurist with a backbone. Justice Khanna could have interpreted the Constitution for the establishment, like other judges did, he chose to read it for the democrats, even at the cost of the chair of Chief Justice of India. I never bothered to check who superseded him, for law students are not required to remember the names of all and sundry.Interpretation of Constitution is always a political process. The great judge Justice Krishna Iyer said ‘The constitution of India… Read full this story
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