A few weeks back, a bench of the Supreme Court of India observed that simple language should be used in writing judgements. Justice D.Y. Chandrachud and Justice M.R. Shah had before them a high court judgement which they described as inexplicable, unbelievable, and incomprehensible. Here is an excerpt from that judgment where the high court judge lists certain applicable laws and then attempts an analysis:
“Provisions whereof, unveils, qua the afore provision, making an explicit statutory expression, where through, the award, of, the Tribunal concerned, is, made amenable for execution, alike the execution, of, a decree, of, a Civil Court, or explicit statutory expression(s), become(s) borne therein, for, an award, of, the Tribunal concerned…”
Now, imagine 18 pages of composition like this! No wonder that one of the justices remarked, according to news reports, that he had to use tiger balm after spending much time trying to understand the judgement.
Please click here to read the full article by Jyoti Sagar, published in The Wire.
Jyoti Sagar has been practicing law since 1976. He founded J. Sagar Associates (JSA) – in New Delhi in 1991 as a solo practitioner. Jyoti also founded K&S Partners, an Intellectual Property boutique in 1994.