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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     15 October 2011

CJI releases restatement of law on PIL & contempt of court

Chief Justice of India, Shri Justice S.H. Kapadia, here today released a set of Restatement of Indian Law in the presence of legal luminaries. These Restatements of Indian Law relate to 3 subjects: Legislative Privilege, Contempt of Court and Public Interest Litigation. Chairman of the Supreme Court Project Committee on Restatement of Indian Law Shri Justice R.V. Raveendran, Shri G. E. Vahanvati, Attorney General for India and the Director Incharge, Indian Law Institute, Professor S. Sivakumar were also present on the occasion. Chief Justice of India is also the Patron of Supreme Court Project Committee on Restatement of Indian Law.


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.


 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 October 2011

Thank for this valuable knowledge

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     16 October 2011

It will be nice if more details is posted on 'Contempt of court'.


Obviously NO COMMENTS.

mayilsamy n (student)     20 October 2011

Here is the link (https://www.ili.ac.in/roilp.htm) were the entire restatement text can be downloaded, i certainly doubt that it would help the common man as it contains about roughly 1000 odd page.


Time limit for committees for restatement should have been set.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     25 October 2011

Document on "Contempt of court" is in image format i.e. the document has been scanned and converted to .pdf instead of word (.doc) to adobe (.pdf). Though not a major inconvenience, it will be nice if key members/someone intricately associated with ili website staff could get this rectified.


We have inherited almost everything from our colonial masters as far as Judiciary is concerned. But what prompted us to write the volumnious constitution of India where there is none with our colonial masters. This has resulted into clash of the minions ( not Titans) the LEGISLATURES AND THE JUDICIARY for all wrong reasons. Judges are seen wielding extraordinary powers which they do not have in a democracy. In my view Chief Justice of India should have included another topic in circulation - " REVERTING TO JURY SYSTEM  as is being followed by our colonial cousins raising the bar to an unscalable height & aped by almost all developed countries of the world.

At the moment I am seized with drafting of a PIL against running of URCs by the CDA Staff/Est which  by no stretch of imaginations can be treated as UNITS( means a regular Military Unit) and whose employees by no stretch of imagination can be termed as Troops( military personnel in Uniform). I hope that the restatement helps me to submit the PIL and does not put a spoke .

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