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SC showing tilt towards idealism: Justice Gogoi

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Ahmedabad : The Supreme Court has tilted more towards “idealism” in the recent years, compared to “realism” in the past, due to the socio-political and economic changes taking place in the country, a senior judge of the apex court said on Saturday.

Justice Ranjan Gogoi compared the Supreme Court’s 2017 verdict on triple talaq (Shayara Bano) and the 1985 ruling on right to alimony (Shah Bano) to buttress his point.

“The Supreme Court, in the triple talaq judgment, did perhaps what it could not do in the Shah Bano case,” he said.


The injustices today were not borne out of poverty or illiteracy alone, but due to different identities, diverse opinions and aspirations for autonomy, Justice Gogoi said, reports PTI.

He maintained that the apex court’s “character and functioning” would have to be perceived in the light of the prevailing circumstances. Justice Gogoi said this as a response to arguments in certain quarters that “the Supreme Court is venturing into creating a judicial legislature or that it is entering into the domain traditionally reserved for the executive and legislature”.

He was speaking on the topic of “Constitutional Realism and Constitutional Idealism: Is the Supreme Court on the Cusp of Evolution?” as part of the 13th Justice P D Desai Memorial Lecture.

“We are realising that the injustices today are not borne out of poverty and illiteracy alone. They are borne out of different identities, diverse opinions, aspirations for autonomy and the desire to be a free thinker. “However good or bad it may appear to be, we can’t help it, this is the new order,” the apex court judge said.

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