Justice AK Sikri, judge Supreme Court of India, released book titled ‘Judicial Dissent and Indian Supreme Court: Enriching Constitutional Discourse’ at an event held at the Indian Law Institute in New Delhi on Thursday. The book has been written by Yogesh Pratap Singh, Associate Professor of Law, NLU Odisha, who is currently on deputation as Deputy Registrar, Supreme Court of India. The book is published by Thomson Reuters at Indian Law Institute, New Delhi.
The book traces the genealogy of dissent practice in common law tradition. It further establishes the link between judicial dissent, judicial independence and constitutionalism. Dissent functions as an intra-organ control within the institution. The author has explored both the jurisprudential angle, and behavioural aspect of judicial decision making in the Supreme Court of India. A major part of the book reflects on the contribution of dissenting opinions of Indian Supreme Court judges in the Indian legal system into three broad categories. First; dissenting opinions which received legislative recognition, second; dissenting opinions which received judicial recognition and third; dissents which received academic recognition (progressive dissenting opinions).
Justice DY Chandrachud, a retired judge of Supreme Court, has written the foreword of the book. Justice Michael Kirby, judge (Retd.) High Court of Australia, and a great dissenter from bench, Prof Upendra Baxi, Prof Faizan Mustafa, Abhishek Singhvi, V Vijaykumar too wrote their admirations on the book.
The event began with the opening remarks of author Yogesh Pratap Singh, wherein he expressed his deepest concern on the declining rate of dissent in the apex court of the country and highlighted the importance of dissent. Justice Sikri congratulated the author and highlighted the practical aspects of judicial decision-making in the apex court.
Prof. Faizan Mustafa, Vice-Chancellor, NALSAR University of Law, Prof M Sridhar Acharyulu, Central Information Commissioner, Prof Srikrishna Deva Rao, Vice-Chancellor, National Law University Odisha, Prof Manoj Sinha, Director Indian Law Institute and Prof Krishan Mahajan, Additional Registrar, Supreme Court, also reflected on the different aspects of the book.
The programme was attended by lawyers of the Supreme Court, faculty members of Indian Law Institute and the University of Delhi, representatives from Thomson Reuters and students of law.