ALLIANCE UNIVERSITY

Name:- Nischith. Bashettiyavar

Class:- B.B.A.LL.B ( Hons )
Subject:- Law & Language
Topic:- The Art & Craft of writing judgements.
Date:- 08/09/2021

1}. Here the speaker is Dr. Balram. K. Gupta, senior adovcate.

2}. He worked as a student of law, parliamentary fellow, law teacher, lawyer &
judicial educator.
3}. Writing of a good judgement is both an art & craft.
4}. Judges make living contribution to the growth & development of law &
jurisprudence.
5}. Judges are engaged in the best kind of service to humanity.
6}. Judiciary is a highly productive organ. They do justice. They render justice.
Justice is divine.
7}. Indian judges are second to none. Their contribution is highly matchable.
8}. The speaker says that, he had the opportunity of meeting judges in Canada, U.K
& USA.
9}. Indian judges & their judgements are being cited around the globe.
10}. Justice V.R.Krishna Iyer & Lord Denning, both have made rich contribution to
legal literature through their judgements & writings.
11}. Justice V.R.Krishna Iyer used difficult language. He had fertile mind, sound,
knowledge & versalite.
12}. He was a blend of many disciplines. He had no ending vocabulary.
13}. He would use not only difficult words but also write long sentences.
14}. One had the feeling that sometimes even a simple ideas/prinicple/thought would
be conveyed in such a manner which would be difficult to comprehend.
15}. Quote from Justice V.R.Krishna Iyer;
" Modernation is a fatal thing; nothing succeeds like excess- wrote
Oscar wilde, good for literary lampoon, not for forensic praxis and yet,
the elation of elevation to the high bench seduces some robed brethren to imitate,
simian fashion, the oscar dictum; and in this 'excess' process,
intemperately indulge in pejorative denunciation of brethren of the lesser
Judiciary & thereby caricature the juricature."
16}. Judgement of Justice K.T.Thomas;
" Judges of higher courts must, therefore, exercise greater judicial
restrain & adopt greater care when they are tempted to employ strong
terms against lower judiciary."
17}. Judgement of chief justice of India, Justice S.R.Das;
" It has been recongized that judicial pronounments must be judicial in
nature & should not normally depart from soberity, modernation &
reserve."
18}. Therefore, effective language is the formation of a good judgement.
19}. Lord Denning was totally different. He was judge for 38 years.
20}. He nurtured the art of simple language. Short sentences. Sometimes even one
word.
21}. His style was sue- generis. Gripping. Each word matching the situation.
22}. He never let the judgement be dull & difficult. He beleived in maintaining the
attention of his readers.
23}. He belived that style was the dress of thought. He used to gather the threads
together to weave the judgement.
24}. Small paragraph from Lord Denning;
" To go from the court of appeal to the House of lords is like going
into retirement. It is rather like the senior partner retiring &
becoming a consultant. In the house of Lords you are relaxed & at ease. You reserve
every judgement, with ample time to think it is over & to write it."
25}. Quote by Denning;
" Judges do not speak, as do actors, to please. They do not speak, as
do advocates, to persuade. They do not speak, as do historians, to
recount the past. They speak to give judgement and in their judgements, you will
find passages, which are worthy to rank with the greatest
literature."
26}. Denning told Gajendragadkar;
" Judge, I have learnt quite a lot from you this morning"
27}. Gajendragadkar responded;
" Lord Denning, it is just like you to say that."
28]. Denning was commissioned to conduct the Profumo Inquiry in June, 1963.
29}. A good Judgement covers all aspects, reasoned.
30}. So they can advise their clients in future with clarity & certainity.
31}. A good judgement should be able to satisfy all stake- holders.