Asok Kumar Ganguly > Quotes

“judiciary, thanks to its independence from state control, strikes the proper balance between the contradicting trends. That is why independence of the judiciary is an inalienable attribute in every Constitution, so”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“The Constitution seeks to protect the basic rights of the people and the spirit of human liberty against encroachment by the state. Hence”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“F.S. Nariman rightly found some similarity between the decision of the ADM Jabalpur and that of Dred Scott, rendered more than a century ago in 1857 by a 6:2 majority of the American Supreme Court. The majority in Dred Scott held that a black person could never be a citizen of the US. A strong criticism of this view by Abraham Lincoln got national attention and ultimately helped him win the presidential election, which changed history. In both the cases, powerful dissenting opinions brought about far-reaching changes in these two democracies.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“This is a landmark step in internationalizing our laws by fostering the trend of a globalized human rights regime of shared values.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“A legislation under the name of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012, was introduced in Parliament. There was no debate in Parliament when the bill was introduced on 3 September 2012 and the matter was sent before the Rajya Sabha for approval. Ultimately, it was assented to by the president on 22 April 2013 and gazetted on 23 April 2013. This is a social welfare legislation of far-reaching consequence, giving protection and the right to work with dignity to women, and is the result of the judicial intervention in Vishaka.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“the Constitution of a country is never completed in one go. Its development is a continuous process. Sidney”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“When access to education is shackled, it definitely retards human development and stifles social harmony.”
― Asok Kumar Ganguly, Landmark Judgments That Changed India

“In a way, this judgment has taken forward the jurisprudential strategy in Vishaka of reading into our constitutional law the global concepts of human rights, which are inseparable and inalienable from the evolving standards of decency in a ripening democracy.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“Though India has progressed further on per capita income than countries such as Bangladesh, Sri Lanka, Nepal and Bhutan, so far as social indicators are concerned, it is found deficient. This sordid situation has come about primarily due to erroneous prioritization of economic policy. Admittedly,”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“No authority under the Constitution is supreme: the Constitution is supreme and all the authorities function under the supreme law of the land.’15”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“A Constitution is] The set of the most important rules and common understandings in any given country that regulate[s] the relations among that country’s governing institutions and also the relationship between those governing institutions and the people of that country.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“After all, a Constitution is what the judges say it is. This is bound to be so when a nation adopts a Constitution, setting out a list of human rights, which are given the constitutional status of a ‘higher law’ as fundamental rights or a Bill of Right. The”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“The history of liberty is a history of the limitation of governmental power, not the increase of it.’3”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“Even without Article 21, the state does not have the power to deprive a person of his life and liberty without the authority of law, as”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“Eminent jurist Fali S. Nariman very aptly describes it8: ‘Originally an English transplant with Anglo-Saxon roots, the legal system in India has grown over the years, nourished in Indian soil; what was intended to be an English oak has turned into a large, sprawling Indian banyan whose serial roots have descended to the ground to become new trunks.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“Eminent jurist Fali S. Nariman very aptly describes it8: ‘Originally an English transplant with Anglo-Saxon roots, the legal system in India has grown over the years, nourished in Indian soil; what was intended to be an English oak has turned into a large, sprawling Indian banyan whose serial roots have descended to the ground to become new trunks.’ This huge banyan tree of our legal system must give shelter to us, including the humblest and weakest person, in our pluralistic society.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“While referring to the Bill of Rights in the Indian Constitution, Ivor Jennings pointed to these features, saying: ‘The Indian reaction (in enacting the Bill of Rights) like the American reaction, is in a large measure a product of the British rule’.7”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“Our fundamental rights for both citizens and persons can be best appreciated if they are read conjointly with the fundamental duties mentioned in Article 51A of the Constitution. Therefore,”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“Neither the executive nor the legislature can act beyond the limits of the law.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“The set of the most important rules and common understandings in any given country that regulate[s] the relations among that country’s governing institutions and also the relationship between those governing institutions and the people of that country.”
― Asok Kumar Ganguly, Landmark Judgments That Changed India

“Our Constitution is based on three fundamentals, which form the core of constitutionalism. They are: (1)A written Constitution (2)A chapter on fundamental rights (3)Limited government”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“Therefore, judges have to reach beyond the apparently impenetrable sphere of meaning by adopting the strategy of unravelling meaning in the constitutional text. This is”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“The Vishaka judgment made it clear that gender equality and the right to a safe and secure working place is part of the fundamental rights guaranteed by the Constitution and it is the duty of the judiciary to ensure that the state enforces these rights. This the”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“These rights stand above the law of the land and, being universal in nature, are common to civilized society everywhere in the world. Thus, they are known as higher laws.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“it was not until 1937 that Justice Curdozo of the US Supreme Court formulated for the first time the concept of fundamental rights as a doctrine in Palko v. Connecticut and held that some rights are fundamental as they ‘represent the very essence of a scheme of ordered liberty… principles of justice so rooted in the traditions and conscience of our people as to be marked as fundamental’.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“The Supreme Court also held that the right to know is a facet of the fundamental right of freedom of speech and expression of a voter under Article 19(1)(a) of the Constitution. The Supreme”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“A Constitution is] The set of the most important rules and common understandings in any given country that regulate[s] the relations among that country’s governing institutions and also the relationship between those governing institutions and the people of that country.’1”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“…the very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities… and”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India

“Thus access to education, which was virtually impeded in T.M.A. Pai, was somewhat restored in view of three factors: (1) Article 15(5) of the Constitution, which was inserted by the 93rd Constitution Amendment Act; and (2) the RTE Act 2009 and (3) the Supreme Court judgment in Society for Unaided Private Schools, which upheld the RTE Act 2009.”
― Asok Kumar Ganguly, Landmark Judgments That Changed India

“Justice Khanna knew the consequence of his dissent and he said to his younger sister, about his dissenting judgment, ‘I have prepared a judgment which is going to cost me the Chief Justiceship of India’.”
― Justice Asok Kumar Ganguly, Landmark Judgments That Changed India