




Karkara's Art of Writing Judgements, 4th Edition
Karkara's Art of Writing Judgements, 4th Edition
Author | Karkara (Revised by Dr. Rajesh Gupta) |
Publication Date | Reprint 2024 |
ISBN | 9789381308554 |
Format |
Hardcover |
Publisher | Delhi Law House |
A well-established legal maxim emphasizes that justice should not only be done but should also appear to be done. Consequently, judges are expected to deliver reasoned or "speaking" judgments. However, the author has observed a trend where judgments, though presented as reasoned, often lack relevant reasoning directly tied to the issues at hand, resulting in superficial explanations.
Judges should focus on addressing the core issues debated in detail by both sides during arguments. Judgments should be concise, clear, and packed with meaningful content. In earlier times, judgments were more succinct yet impactful, often condensed into a single paragraph while retaining significant legal weight and being widely cited.
Historically, open courts, where judgments are delivered in the presence of the parties, have been held in higher regard compared to decisions made in the absence of litigants, which are often criticized. If a judgment must be lengthy, the analytical portion may be reserved at the discretion of the judge, but the operative part should ideally be pronounced immediately after arguments. Prolonged delays in delivering judgments can erode confidence in the judicial system and disconnect the final decision from the arguments, sometimes resulting in flawed conclusions.
Through practical experience, the revising author has noted that judges should maintain neutrality and avoid assuming the role of advocates. A judge's demeanor should be calm and composed, contributing to the dignity of the judicial process. Judicial discipline demands adherence to precedents set by higher courts and consideration of decisions made by co-equal benches when delivering judgments.
Finally, the author expresses gratitude to the distinguished publishers for the opportunity to revise this edition. Readers are encouraged to report any errors or shortcomings to the publishers for correction in future editions.
Basant Panchami, 2014
Dr. Rajesh Gupta
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