The Nature of Judicial Power: One Battle After Another

Posted on by Rudrajyoti Nath Ray

Doctrine of Separation of Powers is not merely philosophical.

– Hon’ble Former Chief Justice of India, Hon’ble Justice B.R. Gavai, Madras Bar Association v. Union of India, [Writ Petition (Civil) No. 1018 of 2021].

_____

“We are not final because we are infallible, but we are infallible only because we are final.”

We have rather painfully observed a growing trend in this Court, of verdicts pronounced by Judges being overturned by Succeeding Benches or Specially Constituted Benches at behest of some party aggrieved. If a verdict is allowed to be reopened because a later different view appears to be better, purpose of enacting Article 141 would stand defeated. It is fundamental to ‘rule of law’ to maintain sanctity and finality. By upholding finality, endless litigation is prevented.

– Hon’ble Justice Dipankar Datta, SK. Md. Anisur Rahaman v. State of West Bengal, [Miscellaneous Application Diary No. 44979 of 2025 with Interlocutory Application Nos. 197604 of 2025 in Criminal Appeal No. 43 of 2025] decided on 26.11.2025.

Rudrajyoti Nath Ray's avatar
'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.