Restatements of Indian Law

Although the press release from the Supreme Court of India about the Restatements of Indian Law appeared last October, I only recently noticed that the first three restatements were available for purchase. The first three restatement topics are: legislative privilege, contempt of court, and public interest litigation.

The restatements are a joint project of the Indian Law Institute and the Supreme Court Project Committee of Restatement of Indian Law.

The press release mentions that three separate publishers were selected for the restatements: Lexis Nexis-Butterworths; CCH,and Universal Law Publishing Co. In the future, it would be nice to have the restatements posted on the Legal Information Institute of India (LIIofIndia) or IndLII.

From the Press Release
http://pib.nic.in/newsite/erelease.aspx?relid=76582

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.

 

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.

 

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.

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