Supreme Court judge Dalveer Bhandari on Sunday said a dissenting view of a judge in a verdict is as relevant as that of a majority of his colleagues.
He was speaking at a national seminar on ‘Judicial dissent in the Supreme Court of India’ organised by the Deccan Education Society’s Law College.
The study of judicial dissent in the Supreme Court spans over six decades. The data shows that dissenting opinions were expressed in 537 cases as reported in the All India Reporter, a law journal, he said.
Commenting on a point in the study of judicial dissent in the Supreme Court conducted by the DES Law College students, Bhandari said, “The court has to strive for a unanimous decision, but a judge should not subscribe to his view of dissent while delivering the judgment.”
Putting forth the importance of dissenting views of a judge before the student gathering, Bhandari said, “Capital punishment has to be given in the rarest of rare crimes. So, dissenting opinions can have a great impact if a judge thinks life imprisonment is suitable instead of death.”
Citing the judgment in Bachan Singh Vs State of Punjab case, former chief justice of India, PN Bhagwati, said the socio-economic stature, upbringing and outlook of the judges impact the judgment. “There is a possibility of a judicial error. An innocent person might be hanged. So, the judgment depends on the philosophy of a judge.”
Former Supreme Court judge, Satyabrata Sinha, who was present, congratulated the students and asked them to complete the study of reported dissent judgments till 2010.
