ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Normative Value of Dissenting Judgments

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The recent judgment by the Supreme Court that went in favour of the governments decision of demonetisation has brought forth the issue where one will have to decide whether it is the majority consensus or the minority dissent that carries a superior value with itself. Does the dissenting judgment have a lesser value, and if it does, what value is it? Does the judgment acquire a differential value depending on the social and ideological background of the judges in question? Ideally, these two criteria do not matter in the process of delivering the judgment. Suffice it to say that for the purposes of delivering judgments, it is only the Constitution, law books, and judicial precedents in the past judgments that should count as the reference points. Let us focus on the first question then.

The Law and Society column in the current issue of EPW brings the deficiency in the efficacy of the judgment favouring demonetisation to our attention. One may choose to see the stamp of legality in the act of demonetisationwhich, according to the column, has become a stale question by nowand yet it does not get attributed with legality or constitutional validity simply by the virtue of being a good measure.

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Published On : 20th Jan, 2024

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