Explaining law through Indian expressions –Krishna Iyer style

P.B.SAHASRANAMAN

sahasram@gmail.com   

 

Understanding law is a difficult job. Most of the pre-independence legislations used illustrations to explain the law Likewise, Justice V R Krishna Iyer also uses unique expressions to explain the legal principle in his unmatched style.

No Passport Officer shall be mini-Ceaser nor Minister incarnates Ceaser in a system where the rule of law reigns Supreme.[1] The Bench consisting of seven judges contains a separate judgment by Justice V R Krishna Iye who was explaining the law.   Art.21 is that liberty of locomotion into alien territory cannot be unjustly forbidden by the Establishment and passport legislation must take processual provisions which accord with fair norms, free from extraneous pressure and, by and large complying with natural justice.

The difference between suspension plus report and recommendatory report is little more than between Tweedledum and Tweedledee,[2] Justice Krishna Iyer has explained that a suspension order must precede an inquiry report. Like today's cartoon characters like Micky and Mouse and Tom and Jerry.

But it is one thing to affirm the jurisdiction, another to authorise its free exercise like a bull in a China shop,[3] Justice V R Krishna Iyer has explained in equivocal terms that the power under Art.226 of the Constitution must be used and not like a toy kept for sale. Another famous expression about the practice of explaining the impugned order by filing counter.

Another famous expression about the practice of explaining the impugned order by filing counter. Orders are not like old wine becoming better as they grow older, a simple one-line expression that is oft-quoted in many judgments.

Tiger balm is no serious cure for a brain tumour,[4] Justice Krishna Iyer was criticizing the very object of the Rent Control legislations which were said to be made due to a shortage of buildings for residents. More buildings is the real solution to dwelling shortage; freezing scary accommodation relives for a little while. We make no more comments on the need for dynamic housing policies beyond statutory palliatives. These belong to legislative 'wisdom' and administrative 'activism' and not to judicial 'constitutionalism', added to the expression

There is no substitute to the expression “While the right to appeal is statutory, the power to stay is discretionary.”[5]

 

Foreign aid is helpful but in law, as in life, Indian genius must speak[6], explaining that Indian decisions should be looked at first before reading international rulings. Justice Iyer explained that first, we have to look at the pertinent provisions of the Civil Procedure Code, the Advocates Act, and the Bombay Pleaders Act.

Not the Potomac, but the Thames, fertilizes the flow of the Yamuna[7]. Explaining the law that we are fortified by precedents of the Indian Courts, strengthened by Constituent Assembly proceedings and reinforced by the actual working of the organs involved for about a silver jubilee' span of time, the judgment added.

I recently heard that a Kerala High Court has said in court “Maradufication", an act of obtaining Building Permit and contending that no other licenses or permissions are required under other Acts.

 

 

 

 


[1] Mrs. Maneka Gandhi Vs Union of Indian and Another. AIR 1978 SC 597:1978 (1) SCC 248

[2] Chairman, Board of Mining Examination and Another Vs Ramjee. AIR 1977 SC 965 : 1977 (2) SCC 256.

[3] Rohtas Industries Limited Vs Rohtas Industries Staff Union. AIR 1976 SC 425 : 1976 (2) SCC 82

[4] Banerjee Versus Anita Pan. AIR 1975 SC 1146 :1975 (1) SCC 166

[5] Indira Nehru Gandhi Smt. Vs Raj Narain and Another. AIR 1975 SC 1590 :1975 (2) SCC 159.

 

[6] Jamilabai Abdul Kadar Versus Shankerlal Gulabchand and Others. AIR 1975 SC 2202.

[7] Shamsher Singh & Anr vs State Of Punjab. AIR 1974 SC 2192

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