'Dissents that Shaped Our Constitution'

Speaking on 'Dissents that Shaped our Constitution' at the Kerala High Court Advocates' Association's 'Continuing Legal Education Programme, 2022', Mr. Datar said he would highlight 5-6 such dissents which were "completely revolutionary in that period of time" and which later became the norm, the law of the land in India. The way he discusses the Canadian, Japanese, US Constitutions, what is the due process, what is the procedure established by law- it took a great amount of courage for him to say that the entire Act can be struck down, that you cannot detain a person without giving reasons, you cannot restrict his movement beyond a certain amount of time", explained Mr. Datar Justice Vivian Bose and the Anwar Ali Sarkar case "I am coming to the most beautifully written judgment, not only in India but all over the world- the most beautiful piece of English literature, the law and the passion of the man comes out in that judgment. It was this judgement which ultimately led to the 15th amendment- Wherever the cause of action arises, writ petition can be filed", discussed Mr. Datar Justice Subbarao and Kharak Singh's case "Another masterpiece of Subbarao. But HR Khanna's dissent, the last 3-4 paragraphs are beautiful and worth reading", concluded Mr. Datar In the Q-and-A session, a lawyer put to Mr. Datar that Mr. Datar did not touch upon Justice M. M. Punchhi's dissent in the Judges case, in view of its implications on the independence of judiciary and in view of the perception that the judiciary is not seen as accountable anymore.