Restatement of Indian Law

Restatement of Indian Law

The Restatement of law seeks to identify and remove the ambiguities surrounding the legal principles, and clarify the law for its better adaptation to the needs of society.
THE RESENTMENT of law seeks to identify and remove the ambiguities surrounding the legal principles, and clarify the law for its better adaptation to the needs of society.

This codification gradually develops into recognized and accepted principles. Though Restatement of Law may not be a binding authority, it will be of a higher persuasive value because it is formulated with extensive inputs from academicians, scholars, practicing lawyers and judges. It reflects the consensus of legal community as to what the law is and what it should become.

This Restatement of Indian Law would benefit the members of Bar, Bench, Academia, Civil Servants and general public to map the developments in the field of law and to comprehend its current status as the march of Indian law in the last six decades through judicial pronouncements, legislations and their amendments, rules, regulations and other policy measures needs to be restated with clarity of thought. With this objective the Supreme Court Project Committee on Restatement of Indian Law and the Indian Law Institute had taken up the task of restatement of Indian law in important areas.

The process was initiated with three Pilot Projects on: i) Legislative Privileges, ii) Contempt of Court, and iii) Public Interest Litigation. Three Sub -Committees comprising of Judges of the Supreme Court of India, High Court of Delhi, senior advocates and distinguished academicians were constituted for the purpose. The Pilot Project restated laws on:

(a) Legislative Privilege – This subject was chosen partly on account of the sharp focus it brings to the principle of ‘checks and balances’ vis-a-vis the two important organs of State – the Legislature and the Judiciary.

(b) Contempt of Court – The subject was chosen on account of the fact that the power of contempt is a necessary concomitant of a court of record. It must be exercised judiciously, in a manner that balances the need for preserving and upholding the rule of law as well as the integrity of the judicial system, while at the same time avoiding untoward incursions into that precious right of freedom of speech and expression.

(c) Public Interest Litigation – The Committee chose ‘Public Interest Litigation’ as the third area for restatement on account of the unique contribution of the Supreme Court of India in facilitating access to justice by liberalizing the principle of locus standi. The circuitous journey of PIL and associated discrete judicial thoughts necessitated a clarion, which this restatement aims at.

These Restatements have been published respectively by Lexis Nexis- Butterworths; CCH- a Wolters Kluwer business and Universal Law Publishing Co.

Restatement of Indian Law: Contempt of Court

The book Restatement of Indian Law: Contempt of Court, which was launched by Chief Justice of India S.H. Kapadia along with Supreme Court judge Altamas Kabir, Supreme Court judges Justice R.V. Raveendran and Justice A.K. Ganguly in New Delhi, on October 11, 2011 is essentially a codification (compilation) of basic legal principles and case law, which either explains the statutory provisions or lays down the principles in areas not covered by statutes.

Authored by Supreme Court Project Committee on Restatement of Indian Law and The Indian Law Institute, New Delhi this book is more than a treatise but not quite the law on Contempt of Courts with excellent scholarship, debate and inputs from a large section of very widely respected lawyers and judges, providing a viewpoint on what constitutes contempt of court, based on law and landmark judgments.

Congratulating the Supreme Court Project Committee and the Indian Law Institute on the release of the book, the Chief Justice of India said “This ambitious project would publish Restatements on various important topics in future and Justice Raveendran would continue to be its Chairman even after his retirement”. Justice Raveendran, in turn, announced a list of topics which would engage the priority attention of the Committee for preparation of further Restatements in the coming years.

The book derives its strength from the scholarship that provides its foundation and the clarity with which that scholarship is articulated. The final version of the Restatement has benefitted enormously from the comments of Justice M.N. Venkatachalliah, Soli J. Sorabjee, Dr. Rajeev Dhavan, Mr. A.K. Ganguli, Prof. V.B. Coutinho, Prof. Balraj Chauhan, and several others.

Thomas Abraham, Managing Director, CCH India, says “We believe this book has mass potential in the legal community and gives us the opportunity to reach a wide base of customers. Our distribution channel is very excited to sell this book given the appeal across cities in India and opportunity to sell in volumes. We look forward to our association with ILI to review more opportunities in the future that can address the legal community with publications of value and relevance”.

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