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Judicial Indiscipline


Limits of judicial disciple

Mr Vijay Kumar’s article is as usual well written and agreeably brings out the malaise of judicial indiscipline.
Without quarrelling with the central theme of the article, I may add that Mr Vijay Kumar, in his justified anxiety to impress the need for judicial discipline, did not choose to dwell upon the ‘limits of judicial discipline’. Blind adherence to judicial discipline will freeze the law in time and space, will fossilise it, make it anachronistic with the passage of time and cast the judicial
mistakes in stone leaving no scope for their correction even when the benefit of hind-sight would so warrant. Indeed the judiciary itself acknowledges that there are the limits beyond which insistence on judicial discipline will make the law dead rather than living. And consequences of ‘dead law’ can be dreadful.

Looking forward to his article on ‘limits of judicial discipline. 😊

vipin k 06/04/2022

 

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