International Journal of Law

ISSN: 2455-2194

Vol. 6, Issue 3 (2020)

Exploring the role of dissenting opinions in human rights jurisprudence: Indian perspective

Author(s): Mohd Zama
Abstract: The judiciary being the organ of the government administers justice in accordance with law. In fact, the prime duty of the judiciary is to protect the life and limb of an individual, at the same time, the judiciary also settles a dispute by punishing the one who breaks law. When the judges make a pronouncement on a disputed subject, many a times, they do not have a unanimity of opinion amongst them and some of the judges write their own opinion which is, by and large, opposite to the view taken by the other judges. The present research paper examines the role of dissenting opinion in human rights jurisprudence in the light of different judicial rulings. The paper also traces the history of judicial dissents in India. An attempt has also been made to justify as to how a dissenting opinion, once negated, have been accepted later on and have also become the opinion of the court, particularly in the field of human rights jurisprudence. A comparative analysis has also been made in this regard
Pages: 152-155  |  163 Views  69 Downloads
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