soniasarkar26

When more is less

Posted on: June 22, 2016

– Words, sometimes, can be more baffling than illuminating. As people struggle over a particularly verbose verdict, legal experts tell Sonia Sarkar that brevity, simplicity and clarity are important parts of a judgment

Justice delayed, as the old saying goes, is justice denied. But what about justice misread? What happens when a verdict is worded in such a way that it is not easy to understand what is being said?

That wordy judgments can be difficult to understand was brought to the fore last month when a Supreme Court bench was giving its verdict on the issue of defamation.

“This batch of writ petitions preferred under Article 32 of the Constitution of India exposits cavil in its quintessential conceptuality and percipient discord between venerated and exalted right of freedom of speech and expression of an individual, exploring manifold and multilayered, limitless, unbounded and unfettered spectrums and the controls, restrictions and constrictions, under the assumed power of ‘reasonableness’ ingrained in the statutory provisions relating to criminal law to reviver (sic) and uphold one’s reputation,” Justice Dipak Misra said in a 268-page long judgment in the Subramanian Swamy vs Union of India case.

Faced with a convoluted sentence such as this, it is not surprising that there is growing demand for simply phrased judgments. “Brevity, simplicity and clarity are the essentials of a good judgment,” says (Retd) Justice Sunil Ambwani, former Chief Justice of the Rajasthan High Court. “Sometimes, judges emulate Shakespeare. But they don’t know that little Shakespeare is fatal to justice,” adds former Law Commission chairperson Upendra Baxi.

What constitutes a sound verdict? Reasoning, and the result of that, holds Baxi, who teaches law at the University of Warwick, UK. Verbosity is not a sign of a good judgment, he points out. “Judges should never use flowery language which becomes incomprehensible. One should not need a dictionary to understand a judgment.”

The importance of language lies not just in the fact that it should read or sound well. Legal experts stress that the essence of a verdict should not get lost in the language. A verdict becomes unclear if the wording is not sharp. And that can lead to justice being derailed.

The experts point out that judges should bear in mind that judgments are written for aggrieved parties, lawyers, appellate courts, law students and for society at large. That’s the primary reason why it should be written in an understandable language, they add.

The Supreme Court, too, is aware of the pitfalls of verbosity. It laid out guidelines on the writing of judgments in 2010. It said that “appropriate care” should be taken to not load a verdict with all legal knowledge on a subject as citing too many judgments could lead to confusion rather than clarity.

The movement against incomprehensible judgments has been gaining ground for a while now. The issue was taken up by former Supreme Court Justice R.V. Raveendran in an article titled “Rendering Judgments — Some Basics” in 2009, a collection of lectures that he delivered at the National Judicial Academy in Bhopal. The unwarranted use of legalese, hackneyed phrases and clichés should be avoided in a judgment, he writes.

Justice Ambwani, who wrote around 10,000 judgments in his career as a judge, seconds it. “Plain and simple language has always been appreciated in writing judgments,” he writes in a brochure on “Skills of Judgment Writing” by the Judicial Training and Research Institute, Lucknow. “The greatest of these is clarity. It is better to avoid invidious examples, unnecessary quotations, and lecture.”

There was a time when judges were known for their crisp language. Former Supreme Court Chief Justices M. Patanjali Sastri and P.N. Bhagwati were particularly admired for their language, Baxi says.

Inadequate knowledge of English is often held up as a sign of badly written judgments, but perhaps the issue goes beyond that. Not every judge is fluent in English, for they come from different states, and have different socio-economic backgrounds.

“I knew one judge who used to go through the editorials of newspapers and picked up words from there. He used those words in his order even if there was no need for them,” ex-Justice Ambwani says.

Last month, a Supreme Court bench consisting of Justice Abhay Mohan Sapre and Justice Ashok Bhushan objected to a high court judge passing an order in English which was erroneous on account of grammar, syntax, usage of words and punctuation, and sent the order back to the subordinate court and asked him to issue a fresh order.
But knowledge of English is not essentially a sign of a well-written judgment, and not all scholarly judges are lucid. Baxi believes that some verdicts of V.R. Krishna Iyer — known for scores of path-breaking judgments — were often difficult to understand.

“It is true that Justice Iyer has his authentic brand of self-expression which frequently violates canons of good English as well as good legalese,” Baxi is quoted as saying in the book Justice V.R. Krishna Iyer on Fundamental Rights and Directive Principles, written by Shailaja Chander.

To ensure that judges write using simple words, the National Judicial Academy in Bhopal and 22 academies run by different states have started compulsory courses for judges with special emphasis on writing judgments.

“Very few judges have good command over language. They use flowery language because they think that’s how a good judgment is written,” Geeta Oberoi, acting head of the National Judicial Academy, says.

The Delhi Judicial Academy, which too conducts courses for judges, has been focusing since 2014 on writing judgments. “We invite English professors who tell judges how to construct sentences in simple words. They also tell them how to keep the essence of judgments intact. A judgment should not be verbose,” an officials says.

“Judgment should always be to the point. To enrich the judgment with language style may not be very desirable. If one gets lost in the language, one loses the grip over the main issue,” former Supreme Court judge V.D. Tulzapurkar said in the Manohar Nathurao Samarth vs Marotrao and Others case (1979).

In the brochure on judgment writing, retired Justice Ambwani stresses the need to adopt short words and avoid long sentences. Minimise jargon and technical terms and avoid double or triple negatives, he wrote. “No reader wants to wrestle with sentences,” he warned.

Justice Misra’s sentence was 73 words long. And, indeed, it called for some serious wrestling.

 

This story appeared in The Telegraph.http://www.telegraphindia.com/1160622/jsp/opinion/story_92453.jsp#.V2n4TPTuHCQ

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  • mamun ibne hussain: dont take it negatively but we are indian and our daughters should not follow the filthiest dirtiest horrible european and american womens the w
  • Susmita Saha: Memories truly have a special place in the treasure trove called life. And your memories shine like jewels in this piece.
  • saimi: That is a lovely one Sonia.. and I can relate to so many things that you mention ...
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