I AGREE TO DISAGREE: A CASE OF PROLIFIC DISSENTER
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Abstract
This paper endeavours to bring out an empirical study on the dissenting opinions of Justice K. Subba Rao. The paper, however, is confined to the Constitution Bench of Supreme Court of India. The paper tries to find quantitative data of his minority opinions in the nature of concurring dissent and solo dissents; dissents in benches of different compositions; and the dissenting ratio in the presence and absence of the Chief Justice of India in the bench among others. The present paper therefore attempts to emphasise on quantitative rather than qualitative aspects so as to locate Justice Rao’s dissents. The research finds twenty-three solo dissenting opinions of Justice Rao; nineteen of his dissents are in the bench headed by Chief Justice BP Sinha; and fourteen dissents in the absence of Chief Justice. The paper finds that Justice Rao has profoundly contributed to Constitutional discourse through his dissents
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References
Dr. Yogesh Pratap Singh, Judicial Dissent and Indian Supreme Court, Thomas Reuters, New Delhi, 2018.
Neil Gorsuch, Over Ruled, The Human Toll of too much Law, Harper Collins, New York, 2024
Brian M. Barry, How Judges Judge: An Empirical Insight into Judicial Decision Making, Routledge, New York, 2023.
Mark Tushnet, I Dissent: Great Opposing Opinions in Landmark Supreme Court Cases, Beacon Press, Massachusetts, 2008.
Sudhanshu Ranjan, Justice v. Judiciary, Oxford University Press, New Delhi, 2019.
Ranjan Gogoi, Justice for the Judge: An Autobiography, Rupa Publications, New Delhi, 2021.
Antonin Scalia, The Essential Scalia: On the Constitution, the Courts and the Rule of Law.
Oagile Bethuel Key Dingake, Judges, Notion Press, Chennai, 2020.