A Controversial Judge And Some of His Most Controversial Judgments

Jul 31, 2026

Uploaded by Patrick

The text presents critical endorsements for the book A Controversial Judge And Some of His Most Controversial Judgments, focused on Justice Arun Mishra and the controversies around his decisions and conduct. It highlights perceived bias, crisis management among judges, and episodes involving constitutional interpretation and high-profile judicial actions. The narrative frames the Supreme Court as an institution shaped by power, human judgement, and political tensions, using the judge’s record to discuss rule of law, access to justice, and judicial independence.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages339

Reading Time14 h 14 min

AccessFree to download

Commendations and critical assessment

Justice Arun Mishra’s approach to justice

Constitution Bench controversies and press conference

Legacy and impact on judicial order

Supreme Court institutions as mirrors

Commendations Justice Arun Kumar Mishra was a man of reasonable intelligence and capacity, I would say, but he was something of a riddle, difficult to fathom. He was not very congenial towards juniors and was disliked for his brash approach. With him as presiding judge one did feel uncomfortable about his approach to justice. Lawyers did sense a tilt in his scales of justice. I distinctly recall his eagerness topreside over a Constitution Bench in a land acquisition case, popularly called Indore Development Authority case, relating to interpretation of Section 24 of the new LARR Act of 2013. His own judgment was in question, having been found to be incorrect by a coordinate bench. He presided over the Constitution Bench to approve and uphold his own decision despite serious objections. This was both unfair and unprecedented. He was a judge plainly guilty of prejudging and bias. But he was an astute manager of crises amongst the judges and could be trusted to set right a serious wrong. The impression among a large number of lawyers in the Supreme Court was that he was the go-to person in crises involving his brethren. Overall, he was a dark cloud that passed unnoticed and unremembered with no feather in his cap. —Dinesh Dwivedi Senior Advocate Supreme Court of India Indian legal scholarship on judges consists of either autobiographies or hagiographies. In the West, especially in the US, there is a long tradition of books on judges which critically examine their tenures. In that context Ayaskant Das and Paranjoy Guha Thakurta’s book concerning the judgments of and controversies surrounding Justice Arun Mishra is a pioneering work. It is a meticulous work, trenchantly criticising some of the most important judgments delivered by Justice Mishra as also the famous press conference by four sitting judges of the Supreme Court in which Justice Mishra was the centre of the controversy. One does not agree with all that the authors say in the book but it reflects their commitment to rule of law and their meticulous research—legal, factual and socio-political. One hopes that this book is well received and leads to other such scholarly, critical and bold work on retired judges. One of the ways to consolidate the letter and spirit of the Constitution, including rule of law, access to justice and independence of the judiciary, is to be critical when necessary of persons who occupy high positions, including judges. —Mihir Desai Senior Advocate Supreme Court of India Very few books have been devoted to the role, influence and legacy of individual judges, especially a judge like Justice Arun Mishra, who played a dishonest and baneful role in the Supreme Court. The assignment of the Judge Loya case to him was the proximate cause of the unprecedented press conference by the four senior-most judges of the Supreme Court. He rendered enormous service to the Modi government apart from giving a bounty of tens of thousands of crores to Adani through his judgments, many of which were irregular, and heard and delivered during court vacations. On retirement, he was immediately rewarded for his service by being allowed to overstay in his Lutyens official bungalow for nine months, after which he was appointed chairman of the NHRC. His appointment was significant, since he had never in his judgments shown any sensitivity to human rights. History and society should remember such infamous judges who played a significant role in weakening our democratic polity, just as we must remember those who strengthened it. This book is a great contribution and service to this end. —Prashant Bhushan Advocate and political activist In its seventy-five years, the Supreme Court has seen a number of judges. Some have been iconic, some have been great. Others would fall under different descriptions like outstanding, good, adequate, average, poor, nondescript and inconsequential. The subject of this book, Justice Arun Mishra, was a consequential judge

FAQs

What central controversies does the book discuss about Justice Arun Mishra?

The text describes allegations of bias and prejudging, disputes over decisions, and controversy around a press conference by senior judges. It also highlights concerns regarding how certain judgments were handled and their broader implications.

How do the endorsements frame the book’s purpose?

The endorsements position the book as a meticulous, critical scholarly work that examines key judgments and the wider consequences for rule of law and judicial independence. It is presented as encouraging rigorous analysis rather than uncritical praise.

Why is the book said to matter for institutions and democracy?

The endorsements argue that institutions should reflect not only themselves but also what lies behind power. By critically analyzing an influential judge’s record, the book is framed as showing how judicial conduct can weaken or shape democratic polity.

Jul 31, 2026

Uploaded by Patrick