UNIVERSITY INSTITUTE OF LEGAL STUDIES

RESEARCH METHODOLOGY
Project on: JUDGMENT AND CONCEPT

Submitted To:- Submitted By:-

Prof. Gulshan Kumar Ritika Kamboj
274/19
Section E
B.com LLB (Hons.)
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 Acknowledgement

Success is a blend of multiple efforts. The final import of this project is also
a result of the sheer hard work and constant support of many people. I
would like to take this opportunity to thank all of them.

To begin with, I would like to express my humble gratitude to my teacher,

Prof. Gulshan Kumar, for his able guidance and mentoring. The
meticulous manner in which he teaches has paid significantly in the
completion of this project.

Secondly, I would like to thank my department, University Institute of

Legal Studies, Panjab University, Chandigarh, for providing such an
expansive library which provided me all the relevant material required for
this project.

Last but not the least, I would like to express my profound gratitude to my
parents and my friends who have constantly supported and motivated me
throughout this project.

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 Table of Contents

Acknowledgement .................................................................................2
Table of Contents ..................................................................................3
Introduction ...........................................................................................4
Meaning of Judgment ............................................................................5
Why to write the Judgment …................................................................6
Reasoning of Judgment...........................................................................9
Components of Judgment......................................................................10
Ratio Decidendi......................................................................................14
Obiter Dicta …………………………………………………………...16
Conclusion……………………………………………………………..17
How to read judgment effectively……………………………………...18
Sample of a Judgment…………………………………………………..19

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 INTRODUCTION

Judges often engage in the activity of putting on paper, or entering into computer databases, products
of their thinking on the legal meaning of the facts of cases they preside over. Every Judge knows
what judgment writing involves. He or she will have produced a written judgment in the exercise of
judicial power. Some Judges may feel that judgment writing is a subject they have mastered and they
need not be addressed on it.
Rarely does a Judge have time and cause to sit back to reflect on the theory and importance of
judgment writing. That does not, however, detract from the fact that in judgment writing a Judge is
engaged in a professional activity. He or she writes as he or she does because of the demands of the
office. Judgment writing is therefore a subject so relevant to a Judge that he or she has to directly or
indirectly concentrate on it throughout his or her service career. It is because judgment writing goes
to the very heart of the judicial function that it is a subject worth discussing.1
A written judgment is supposed to deliver justice. There has to be a standard by which readers are
able to measure the written product to distinguish a good judgment from a bad one. What is clear is
that judgment writing is an expression of a product of a mental process as a result of which a
decision and reasons thereof on issues or points for determination are reproduced to take an existence
of their own independent of the decision maker. A judgment must not be discovered as one is
writing.

WHAT IS A JUDGMENT?
The judgment is the final decision of the court, given with reasons, on the questions of the guilt or
innocence of the accused person. It includes the court’s decision as to the punishment the guilty
person has to suffer, or as to the conditions subject to which the offender is to be released without
being punished as such.
The word ‘Judgment’ means a judgment of conviction or acquittal, and not an order of the discharge
or the dismissal of a complaint. The judgment must be completely written when it is pronounced or
explained. The law wisely requires that the reasons for the decision shall accompany the decision and
shall not be left to be subsequently inserted or recorded.2
According to the Black’s Law Dictionary3, a Judgment is the final reasoned decision of the Court as
to the guilt or innocence of the accused. Where the accused is found guilty, the judgment must also
contain an order requiring the accused to undergo punishment or treatment.

1
The Right Hon. Sir Harry Gibbs: “Judgment Writing” (1993)
2
Woodroffe Sir John, Commentaries on Code of Criminal Procedure, 2nd Ed., Vol. 2, Law Publishers (India)
Private Limited, Allahabad, 1994, p. 1019
3
Henry Campbell Black, Black’s Law Dictionary, 4th Ed.

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Judgment means an expression of opinion of judge arrived at after due consideration of the evidence
and the arguments. Section 353-362 incorporated in chapter XXVII of the code of 1973 clearly
explains the term ‘Judgment”. Judgment is the final reasoned decision of the Court as to the guilt or
innocence of the accused. Where the accused is found guilty, the judgment must also contain an
order requiring the accused to undergo punishment or treatment. The main features of Judgment are
given below:-
1. Judge has to apply his mind to the case.
2. Judgment needs to show that judge has applied his mind to each and every fact and evidence of the
case.
3. Once at conclusion, it is a final decision with respect to conviction or acquittal of the accused.
4. Judgment must contain concise statement of the case, points of determination, decision on these
points and reasons for such decisions.

A judgment is a decision given by a court or tribunal on the relief claimed, which resolves a
controversy and determines the rights and obligations of the parties in accordance with the applicable
law. It is the final act in a case by which a court accomplishes the purpose of its creation. A valid
judgment resolves or settles the contested issues submitted to the court in an action or proceeding,
and fixes the rights and liabilities of the parties. The lawsuit is ended by a judgment, since it is
regarded as the court’s official pronouncement of the law on the action that was pending before it. It
states who wins the case, and what remedies the winner is awarded. In other words, it is a
determination by a court that on matters submitted to it for decision, a legal duty or liability does, or
does not, exist, or that, with respect to a claim in suit, no cause of action exists or that no defence
exists. In that sense, a judgment signifies the end of the court’s jurisdiction in the case. It is a means
of achieving an objective that is universal: the just resolution of conflict which is the core business of
every court of law.4
The comprehensive definition of judgment shows that the concept can be used in a narrow and
broad sense. In the narrow sense, judgment refers to the decision on the question for determination
and the order issued. In the broad sense, a judgment includes the reasons for the decision, consisting
of the considerations, findings and conclusions of both law and fact, stated by the court in
substantiation of its judgment. It is in the wide sense that the concept is used here.
The definition is also important for the fact that it shows that not every judgment has to be written. In
our case, the law does not require that a judgment be in writing at the time it is pronounced, although
orders are ordinarily reduced to writing at the time they are pronounced. In other words, a judgment
does not derive its quality of being a judgment from the form in which it is presented to the
audience. A judgment can be given by a court immediately after the evidence and argument have
been presented on the facts and the applicable law by the parties or by their legal representatives.
The reasons for the decision made by the court on the legal meaning of the facts found proved are
given orally. It is not an order without reasons on its grounds.
Ex tempore judgments are indeed a common feature of court proceedings. They are encouraged in
the light of the increasing pressure of work Judges have to bear. The principle that decisions should,

4
“Judgment Writing” www.fja.gov.pk/judgment.htm

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where it is reasonably practicable, be rendered expeditiously justifies the use of ex tempore
judgments. They are addressed to the parties and their legal practitioners.
This address is concerned with the case where a Judge, either out of exercise of discretion, or for the
reason of the complexity of the factual and legal issues raised by a case, decides to put the judgment
into writing. What one has in mind, in discussing the subject of judgment writing, is a full–dressed
judgment a Judge has to write. A full–dress judgment is one that requires structured discussion of the
facts, legal principles and governing authorities in some detail. The significance, or number of the
issues presented, the novelty of the questions, and the complexity of the facts, are among the factors
that determine whether a judgment requires full–dress treatment.

WHY TO WRITE THE JUDGMENT?

Judgment writing, like any other human endeavour, is influenced by the purpose or object the writer
seeks to achieve. The overriding purpose of a written judgment is to persuade the reader to accept, on
the basis of the reasoning, the correctness of the finding of facts in issues; the analysis of the legal
principles and the application of the law to the facts. Judgment writing is a creation of a permanent
record subject to confirmation, variation or setting aside by an appellate court. Every judgment is
case-based. As such, the sole concern for a Judge in writing a judgment may be to inform the parties
to the proceedings and their legal practitioners of the outcome of the case. Reasons ought to be given
for legal decisions, otherwise the parties cannot feel that their cases have had serious attention. They
must understand why the judgment went the way it did.

In Strategic Liquor Services v Mvumbi N.O. 2010 (2) SA 92 (CC) at 96G it is stated:
“It is elementary that litigants are ordinarily entitled to reasons for a judicial decision following upon
a hearing and, when a judgment is appealed, written reasons are indispensable. Failure to supply
them will usually be a grave lapse of duty, a breach of litigants’ rights, and an impediment to the
appeal process.”

Fox & Carney (Pvt) Ltd v Sibindi 1989 (2) ZLR 173 at 179G-H.
The purpose of writing a judgment may be influenced and defined by the extent to which the
decisions of the court and the legal principles on which the judgment is 7 based have binding effect
on readers other than the parties. The judgment of a Labour Court, for example, may provide
guidance to disciplinary committees and arbitrators by articulating the legal principles on which
disputes may be resolved. So, a judgment of a Labour Court may be written with the agencies whose
decisions the court reviews in mind.
A judgment may require additional factual development, and legal analysis if it has something to say
to others besides the parties. How much analysis is required, and how detailed it should be, would
depend on the subject matter, and the probable audience.
When writing a judgment for the parties and their legal practitioners only, the Judge may confine
himself or herself to giving reasons that show why the losing party lost the case. It is natural for

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someone who loses to feel disenchanted with the legal process. It is, therefore, important that the
reasons for a judgment show that the losing party was listened to, and his or her or its submissions
seriously considered.5
When a decision involves novel issues and the Judge is aware of the fact that the judgment he or she
is writing is likely to develop the law in the area, it is appropriate to trace the prior development of
the law and develop the legal and policy rationale at some length.6
Judges of lower courts need not worry about getting it right when writing a judgment with the
appellate court in mind. It takes an immense burden from a Judge of a lower
court to know that there is some other body to correct his or her decision if it is found to have been
wrong. What the Judge needs to do is to consider, at the time of writing a judgment, whether a
statement of facts and legal analysis to explain the decision to the parties, will suffice also for the
appellate court to understand the basis for the decision. When, the decision turns on complex facts, a
more elaborate explanation than is necessary for the parties may be helpful to the appellate court.7
Without reasons for legal decisions, court of appeal would have nothing to upset or confirm.

A written judgment is the only means by which a court can engage in a discourse with the public on
matters relating to how it decided a case. Members of the general public do not ordinarily read the
actual text of the judgment. They rely on the reports communicated by the media on what they
believe to be of public interest. When writing a judgment that addresses an issue of general public
interest, or is likely to attract media attention, a Judge must ensure that what is written will be
understood and not misunderstood. The mark of a well-written judgment, in any event, is that it is
comprehensible to an intelligible layperson.
The foreword to the Judicial Writing Manual prepared by the Federal Judicial Centre in the United
States of America in 1991 highlights the importance of judicial writing by stating that:
“The link between courts and the public is the written word. With rare exception, it is through
judicial opinion that courts communicate with litigants, lawyers, other courts and the community.
Whatever the court’s statutory and constitutional status, the written word, in the end, is the source
and the measure of the court’s authority.”

In the words of Chief Justice Sabyasachi Mukharji,

―The supreme requirement of a good judgment is reason. Judgment is of value on the strength
of its reasons. The weight of a judgment, its binding character or its persuasive character depends
on the presentation and articulation of reasons. Reason, therefore, is the soul and spirit of a good
judgment.

5
The Hon. Justice Roslyn Atkinson, Supreme Court of Queensland: “Judgment Writing”
6
“Judicial Writing Manual”: p 6
7
“Judicial Writing Manual”: p 6

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The Supreme Court in the case of Joint Commissioner of Income Tax Surat v. Saheli
Leasing and Industries Ltd.(2010) 6 SCC 384 laid out the guidelines for writing judgments
in the following terms:
“These guidelines are only illustrative in nature, not exhaustive and can further be elaborated looking
to the need and requirement of a given case :-
● It should always be kept in mind that nothing should be written in the judgment/order, which may
not be germane to the facts of the case; It should have a co-relation with the applicable law and facts.
The ratio decidendi should be clearly spelt out from the judgment / order.
● After preparing the draft, it is necessary to go through the same to find out, if anything, essential to
be mentioned, has escaped discussion.
● The ultimate finished judgment/order should have sustained chronology; regard being had to the
concept that it has readable, continued interest and one does not feel like parting or leaving it in the
mid way. To elaborate, it should have flow and perfect sequence of events, which would continue to
generate interest in the reader.
● Appropriate care should be taken not to load it with all legal knowledge on the subject as citation
of too many judgments creates more confusion rather than clarity. The foremost requirement is that
leading judgments should be mentioned and the evolution that has taken place ever since the same
were pronounced and thereafter, latest judgment, in which all previous judgments have been
considered, should be mentioned. While writing judgment, psychology of the reader has also to be
borne in mind, for the perception on that score is imperative.
● Language should not be rhetoric and should not reflect a contrived effort on the part of the author.
● After arguments are concluded, an endeavor should be made to pronounce the judgment at the
earliest and in any case not beyond a period of three months. Keeping it pending for long time sends
a wrong signal to the litigants and the society.
● It should be avoided to give instances, which are likely to cause public agitation or to a particular
society. Nothing should be reflected in the same which may hurt the feelings or emotions of any
individual or society.”

The Hon’ble Justice R.V. Raveendran’ Rendering Judgments- Some Basics, (2009)
10 SCC (J)
“The duty of a Judge is thus, to render justice and not to win popularity. The
temptation to gain easy popularity by being liberal in granting admission and
interim orders will ultimately damage the credibility of the judiciary as an
institution, apart from causing undue hardship and loss to those who are
unnecessarily drawn into the litigation or unjustly subjected to the interim order.
The best judgments are those which clearly state the legal principles on which they
are based. In the process of reaching a decision, precedents are very properly read
and studied as evidence of the law, but they should be used for the purpose of
extracting the law from them. It is undesirable to cumber a judgment with all the

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apparatus of research which Bench and Bar have utilized in ascertaining the
principle of law to be applied.”

COMPONENTS OF JUDGMENT
1. Title of the judgment
The title of the judgment can reveal many aspects of the case. Firstly, it tells us the names of the
parties to the dispute. The parties can be individuals, corporations, governments, and so on.
However, there is the limitation that the title only mentions the name of one party on each side of
the dispute. Thus, to determine all involved parties one often has to look at the text of the
judgment. Secondly, it indicates which party has filed the plaint/suit or which is the party that has
appealed from the lower courts. Thirdly, it can also be of assistance in identifying which area of
law does the case deals with. For instance, if the Union or State government is a party to the
dispute, it is quite likely that case is a criminal or constitutional matter.
Example of a judgment title: Lal Chand Madhav Das v. Union of India.

2. Citation
The title or name of a judgment is accompanied by the citation of the judgment. In addition to
being published on the website of the concerned court, judgments are published by case reporters
such as Supreme Court Cases (SCC), Manupatra, All India Reporter (AIR), and many more. The
citation indicates to us the location of the judgment in the case reporter i.e. the page number,
volume of the publication, and year of the publication. The citation also serves as an indicator of
the court which delivered the judgment.

• Example 1: In the citation AIR 1955 SC 549, the use of ‘SC’ tells us that it is a judgment
by the Supreme Court.
• Example 2: In the citation AIR 1955 Cal 319, usage of ‘Cal’ tells us that it is a judgment
by the Calcutta High Court.
The year in the citation also points to the year in which the judgment is delivered. However, this
may not always be the case.

3. The bench
The judgment also tells us the number of judges who heard and decided the matter, as well as
their names. The size of the Bench is particularly important in determining which courts are
bound by the judgment. For example, a single judge is bound by the judgment of a division
bench (two judges). However, the converse is not true.

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4. The procedural journey of the matter
This includes a background of how the present matter came to be before that particular court. For
example, it could have reached the court by way of an appeal from a lower court decision, or it
may be by way of an SLP i.e. leave granted in a Special Leave Petition.

5. The decision in the lower courts, by a bench of lower strength

The judgment more often than not states the decision taken by the lower court(s) and the
reasoning adopted by the lower court(s). For example, “Both the Division Benches held that
ICRISAT was an international organisation and was immune from being sued because of a
notification issued in 1972 under the United Nations (Privileges and Immunities) Act, 1947 and
that a writ under Article 226 could not be issued to ICRISAT.”

6. Description of the parties

The court may describe the parties involved in the dispute, and which party initiated the legal
proceedings. For example, “The appellants were employees of the respondent no. 1 (ICRISAT).
Their services were terminated. They filed writ petitions before the High Court of Andhra
Pradesh against ICRISAT and the Union of India.” This statement of the court tells us who has
filed the appeal, the relation of the appellants to the respondents, and that the petition was
originally filed by the appellants.

7. Facts of the dispute

This means the material facts which have led to the dispute. It includes the conduct of the parties,
the incident(s) which led to a conflict between the parties, and so on. Understanding the facts of
the case is extremely important, as the final decision of the court rests upon the application of the
law to these specific facts. The same legal principles applied in different facts can have a very
different outcome.

8. Contentions of the parties

This section contains the arguments by the parties, which includes the cases and provisions of the
law that they have relied upon. It is evident that the contentions portion of the judgment has
arrived when one sees language such as “The learned Senior Counsel, Mr. … Argued on behalf
of the … that…”
The court may list all the contentions in the beginning at one go and then deal with them at a
subsequent stage.
The court may also deal with each contention by referring to them one by one and rendering its
views on the said contention. When the contention and the court’s views are provided in the same
paragraph, it can become difficult to distinguish between the two. It is useful to look for

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 sentences that begin with “We” or similar words to determine where the court’s view starts. For
example, “We find force in this contention”, “In our opinion, there is no force in this argument.”

9. The issue
The issue(s) is the question of law or the mixed question of fact and law which the court has to
decide upon. Example of an issue: “Whether the Respondent, which is a non-signatory to the
arbitration agreement, is bound by the arbitration agreement?” A judgment may also discuss the
issues framed by the lower courts. It is possible that at the higher court they are not dealing with
all the issues framed by the lower courts but only a few of them. The court may directly state that
“The issue in this case is …..” Another common way to state the issue is “The question, in this
case, is whether……” “Now we come to the issue of……..”

10. Provisions of the statute(s) concerned

The court will also deal with the applicable legislation in the matter and the provisions of the
legislation which are applicable to the dispute. It may discuss the scheme of the legislation, its
preamble, the verbatim sections, essential ingredients of the sections, the object of the sections,
and so on.

Case law
A judgment discusses other cases within it. The court deals with case law relied upon by the parties
on each side. It may also discuss relevant case law on the subject matter, which may not have been
brought up by the parties themselves. The case laws could be judgments by foreign courts or by
Indian courts. If not already mentioned in the judgment, to determine whether the case law is foreign
or domestic, a quick glance at the citation can indicate the same.
There are several ways in which the court may deal with a particular case. The case may be quoted
with approval through language such as “We agree with the observations in X v. Y”, “The matter
was squarely decided in…”, “The question of law is no longer res integra and was settled in the case
of …” The court may distinguish the case and thus refuse to apply the principles enunciated in that
case, even though it is bound by the case. To distinguish, the court may use language such as “This
case has no application to the present matter.” The court may also humbly disagree with the
observations in a case. A case may also be overruled by the court, which would mean that the
principles of law in the overruled case are not correct, and no longer have any binding power.

11. Observations and the decision

This includes the court’s considerations of the law involved. The court discusses and lays down
the principles of law applicable in that matter. The court may apply the law to the facts of the
dispute and decide the matter. The matter may also be remanded to the lower court for the
decision on facts in accordance with the law laid down.

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WHAT IS THE PURPOSE OF A JUDGMENT?
The main purpose of a judgment is to let the party know about the reasons for which the matter has
been decided in his favour or against him, granting or refusing to grant relief. Another significant and
equally important purpose of writing judgment is to provide the reasons which have weighed with
the Court in deciding the matter, one way or the other, for appreciation by the appellate / superior
court

HOW EFFECTIVENESS MEASURED:

The Effectiveness of a judgment can be measured by the manner how best the judgment conveys
what the Judge wants to communicate to its readers. The judgment should be self-contained
document from which it should appear what were the facts of the case and what was the controversy
involved which has been decided by the Court and in what manner.
Structure of the judgment should be such that a reader while reading it without any difficulty
understands the facts delineated and may be able to know every reason and the way, in which it has
been decided. It should be simple, brief and clear.

FEW OTHER SUGGESTIONS:

Here are few other suggestions on how to write the judgment.
A. AVOID QUOTING FROM PLEADINGS AND EVIDENCE:
A Judge should avoid quoting extensively from the pleadings of the parties and their evidence. If he
wants to discuss the evidence with reference to the pleadings, he should do so in his own language
rather than quoting and thereby leaving the parties to guess what for they have been quoted.
B. REFERENCE TO THE PRECEDENTS: Reference to the precedents which may be relied on
by either of the parties may be made, but caution should be taken to ensure that one which is
nearest on the issues involved in the case and the facts should be relied. It should be ensured that
the relied precedents are actually relevant to the controversy involved. Quoting from the
precedents as far as possible should be kept bare minimum. The Presiding Officer should
generally refer to the ratio of the judgment with reference to the law point which he seeks to rely
in his own language so as to omit unnecessary part. If at all he decides to quote, he should quote
only that part of the precedent which is absolutely essential for deciding the controversy in
question and it should be restricted to one or two of the latest case laws on the subject. Quoting
extensively from number of precedents, one after the other, not only add on the pages of the
judgment but in the process, may end up losing its focus on the central issues. Do not be just
misled by head notes. Read the substantive part of the judgment and try to gather ratio dicidendi
thereof. The Presiding Officer should always keep his knowledge updated on the subject in issue
so as to ensure that his judgment is in conformity with latest approach of the law and is not in
conflict with the binding decisions of the High Court concerned and the Supreme Court. It may
require some research back home, but that is worth of it.

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C. LANGUAGE OF THE JUDGMENT: A judgment should be written in easy and simple
language, which can communicate immediately and faster. Plainly spoken judgment quickly
reveals the mind of the Judge and the exposition of the legal reasoning he propounds in a rather
convincing manner. Do not use terminology which may be unfamiliar and irritating.

D. CRITICISM OF PARTIES AND WITNESSES:

Judgment of a case should reflect the calm and cool deliberations made by the Judge based strictly
on the pleadings and evidence of the parties and no extraneous material or personal knowledge or
surmises or conjectures should be allowed to creep in the judgment. While writing the judgment,
criticism of the parties thereto or their witnesses or a person not a party to the litigation, should be
avoided.
E. USE HEADINGS AND SUB-HEADINGS:
Use of headings and then sub-headings in a judgment, which you consider might consume
comparatively more pages, would always be helpful not only for the purpose of arranging the
judgment in a cohesive manner, but also for the convenience of its readers. This would help break
the monotonous reading of the continuous text and enable the readers to reach that part of the
judgment which interests them most.

F. GIVING REASONS:
Findings recorded by the Presiding Officer on different issues, for or against any party should always
be supported by clearly explained reasons. Every party has the right to know how and in what
manner the judgment has been decided in his favor or against him. Reasons are also necessary for
being appreciated by the appellate court as to what weighed in the mind of the Judge in deciding the
matter, the way he has done. In fact, right to know the reasons of a judgment is inherent in the right
of appeal granted to a litigant by the Statute or otherwise. Giving reasons is thus considered integral
part of the principles of natural justice. A Judge ought not to merely decide a case just by saying
“dismissed” or “allowed” without giving the reasons how he came to that conclusion.
G. LINKAGE AND COHESION:
The judgment should be arranged in such a way that the reader is able to know effortlessly how and
why the Judge has reached the given conclusion. While framing the judgment, discussion on the
arguments advanced before the Court should as far as possible is made in the order in which the
arguments have been noticed. There should be cohesion and linkage of the preceding part of the
judgment with the succeeding one. Discussion on one topic should end in such a way as to connect it
with the beginning of another. Each paragraph of judgment should follow naturally on from the one
before and should lead on naturally to the one following.

H. DELAY IN DELIVERY OF THE JUDGMENT:

Judgment should be delivered at the earliest possible time. In fact, Order XX Rule 1 of CPC in its
proviso requires that every endeavor should be made by the Court to pronounce the judgment within
thirty days from the date on which the hearing of the case is concluded and if it is not practicable to
do so on the ground of the exceptional and extraordinary circumstances of the case, the Court should

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fix a future date for pronouncement of the judgment which should ordinarily be not beyond sixty
days from the date on which the hearing of the case was concluded.

Ratio Decidendi
This is a very important term in legal parlance. The ratio decidendi is the binding portion of
the judgment. Statements that are not part of the ratio decidendi do not have the power to bind
other courts. Ratio decidendi is understood as having three possible meanings:
The reason for (or of) deciding. However, in this understanding of the term, even a finding of
fact may form the ratio decidendi. For instance, a judge may state a rule and then decide that
the facts do not fall within it.
The rule of law is proffered by the judge as to the basis of his decision.
The rule of law which subsequent courts which deal with the judgment consider being binding.
To determine the ratio of a case, it can be useful to search for other cases in which that case has
been discussed.
In other words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal
reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which
refers to the legal, moral, political, and social principles used by a court to compose the rationale of a
particular judgment. Unlike obiter dicta, the ratio decidendi is, as a general rule, binding on courts of
lower and later jurisdiction—through the doctrine of stare decisis. Certain courts are able to overrule
decisions of a court of coordinate jurisdiction —however, out of interests of judicial comity, they
generally try to follow coordinate rationes.

The Hon’ble Supreme Court in the case of Krishena Kumar & another v. Union of India &
Others AIR 1990 SC 1782 (Para 20) held that, ratio decidendi has to be ascertained by an
analysis of the facts of the case and the process of reasoning involving the major premise consisting
of a pre-existing rule of law, either statutory or judge-made, and a minor premise consisting of the
material facts of the case under immediate consideration. If it is not clear, it is not the duty of the
court to spell it out with difficulty in order to be bound by it.
In the case of State of Orissa v. Sudhanshu Shekhar Mishra, AIR 1968 SC 647 (Para. 12) it was
held that a decision is only an authority for what it actually decides. What is of the essence in a
decision is its ratio and not every observation found therein nor what logically follows from the
various observations made in it.

Further in the case of Arnit Das Vs. State of Bihar AIR 2000 SC 2264(Para20) it was
observed by the Hon’ble Supreme Court that, “A decision not expressed, not accompanied by
reasons and not proceeding on conscious consideration of an issue cannot be deemed to be a law
declared to have a binding effect as is contemplated by Article 141. That which has escaped in the
judgment is not ratio decidendi in the technical sense when a particular point of law was not
consciously determined (this is the rule of sub-silentio).”

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REASONING:-
Reasons are the rational explanation to the conclusion. Reasoning is the process by which we reach
to the conclusion. Reasoning is the mental process of looking for reasons for beliefs, conclusions,
actions or feelings.
In Civil Cases, after issues are framed, points for determination come into picture and for
determining those points, need for extra force is required. It is not possible to cruise through the
disputed facts in the absence of any peaceful land. In order to satisfactorily reach on a judicial
determination of a disputed claim where substantial questions of law or fact arise, it has to be
supported by the most cogent reasons; a mere order deciding the matter in dispute without any
reasoning is no judgment at all. Power of reasoning is needed to back up the decision on each issue
given by the court under Rule 5 of Order 20 of the CPC.

OBJECT OF REASONING:-
➔ The main functions of a reasoned judgment are:
(i) to inform the parties (litigants) the reasons for the decision;
(ii) to demonstrate fairness and correctness of the decision;
(iii) to exclude arbitrariness and bias;
(iv) to ensure that justice is not only done but also seen to be done; and
(v) to facilitate the higher forums of appeal to appreciate/examine the issues involved in any case
more appropriately.
The very fact that a judge has to give reasons that will have to stand scrutiny by the Bar and the
public as also by the higher courts, brings in certain amount of care and caution on the part of the
judge and transparency in decision making. Judgment writing requires skills of narration and
storytelling. After giving facts and discussing admissible and relevant evidence a judge is required to
give reasons for deciding the issues framed by him. The reasons convey the judicial ideas in words
and sentences. The reasons convey the thoughts of a judge and are part of judicial exposition,
explanation and persuasion. There is a difference between giving reasons and reasoning, which may
ultimately lead to a decision by a judge on the issue or the issues raised before him. The process
adopted by a judge in arriving at a decision through proper reasoning, tests a judge of his ability and
integrity.

Obiter Dicta
The Obiter Dictum is the non-binding portion of the judgment. For instance, observations by the
court on legal principles which were not necessary for the court to decide upon in the facts of that
case, are generally considered obiter dictum.
This is another part of any judgment. Obiter dictum is defined in the case of Mohandas Issardas v.
A.N. Sattanathan as the opinion expressed by the judge in the court or during pronouncement of

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judgment which does not have any importance in the decision. This is not an important constituent to
arrive at a decision but is just used to describe the circumstances. They are the incidental remarks
made by the court while dealing with the actual conflict between parties. In the case of Sarwan
Singh Lamba v. Union of India, the SC observed that in general circumstances, even the obiter
dictum mentioned in a decision of the court is expected to be followed. Moreover, the Supreme
Court’s obiter dictum carries a considerable weightage. But such weightage depends upon the kind
of dictum given by the court. If the dictum is a casual remark by the court, it does have any effect on
the parties or the subsequent cases. In another scenario, certain obiter dicta have recommendatory or
persuasive value but do not bind anyone. Hence, the ratio decidendi is an important constituent of
judgment rather than obiter dicta.
During erstwhile India, the obiter dicta of Privy Council was given the highest position. In
Mohandas’ case, it was held that as the Privy Council is the highest court of appeal, the obiter dictum
will also be binding on all the courts in India. But in England, the situation was different with respect
to the effect of obiter dicta and it was not binding on any court.

Conclusion
• There are several ways to navigate through a judgment. Being able to break it down into its
components is certainly a useful tool in the road to achieving clarity on the judgment. The
components work in tandem and have to be looked at as an interconnected whole. The
interactions between the various components are crucial to consider when looking at a
judgment.
• A judge renders justice through his decisions. The decision-making culminating in the
judgment is the heart and soul of the judicial process. Good judgments enhance the prestige
of the Judge and eventually the prestige of the judiciary. Bad judgments, obviously, have the
opposite effect. Therefore, there is a need for the judges to make a constant and continuous
effort to render good judgments. Decision making is not about writing a judgment. Nor does
it begin when a judge starts hearing final arguments. It pervades every stage of the case-in
making interim orders, in framing issues or charges, in allowing or disallowing questions in
oral evidence, in admitting or rejecting documents, in hearing arguments, in analyzing the
material and reaching a decision, and even in granting or refusing adjournments. In short, it is
the way judge hears, behaves, conducts and decides a case.

● In the midst of swelling litigation, backlog and insufficient research facilities, writing a good
quality judgment is an ongoing challenge. Art of writing a judgment depends on the knowledge,
proficiency, and aptitude of the judge. Judicial officers, seldom have the occasion to reflect on
their approaches to writing judgments. Their experience prior to appointment often does not train
them how to write judgments. As a rule, many blindly pursue the usual method followed by their
forerunners, their assumptions about what must go in a judgment. Judges spend most of their
time reading judgments written by others.

It is worthwhile to keep the following basic rules in mind while writing a judgment:
● Reasoning should be intelligible and logical.

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● Clarity and precision should be the goal.
● Use of strange and difficult words and complex sentences should be avoided.
● A judge cannot use his personal knowledge of facts in a judgment.
● The findings and directions should be precise and specific.
● While exercising appellate or revisional jurisdiction, unnecessary criticism of the trial courts‟
conduct, judgment or reasoning should be avoided.

HOW TO READ JUDGMENTS EFFECTIVELY

Judgments are lengthy documents. An exemplary illustration of this point would be the landmark
judgment in the Kesavananda Bharati case which stretched up to 703 pages with SCC footnotes
of 80 pages alone. On an average, judgments are about 30 to 40 pages long. Even then the task of
reading judgments is not easy and takes time and effort. Therefore, it is imperative to read
judgments effectively. But what does the effective reading of a judgment mean, is a pertinent
question at this juncture. Effective reading means reading and understanding the judgment in its
entirety within a short period of time. It would include comprehension as well as the application
of the particular case law in a relevant manner.

One of the fundamentals before embarking on the analysis of case laws is to know the different
constituents of judgments. It broadly comprises the name of the Court, followed by the names of
the parties, citation, the facts of the case, the issues of law and fact, the findings of the Court, the
arguments of the counsels of both the parties and finally the reasoning and the judgment. The
judgment also has the names of the judges in the Bench. This becomes interesting as the ideology
of the respective judges resonates throughout the judgment. For example, if we are reading a
judgment by Justice Krishna Iyer, his ideology and beliefs are reflected in his judgments.
Knowing about the judges help to understand the judgment more comprehensively as the reader
is aware of the background and where specific thoughts and observations are coming from. This
makes the exercise of case law analysis more intriguing.
The other constituents are equally fascinating. The most basic premise to start reading any
judgment is the facts of the case. It gives a clear context about the legal cases and provides a
practical situation for the application of laws. The exercise is akin to word problems where
mathematical formulae are applied. Reading the facts and noting down the key points in one or
two lines is a good practice. This is of great help when we read the subsequent parts of the
judgment where these facts are referred to while explaining the rationale. The next part contains
the issues of fact and law. This is the dicey part of the judgment as the application of the legal
principles, and the arguments of the parties are based on the issues of law and facts. To read the
judgment effectively, it is of utmost importance that the issues are appropriately understood in
the context of the facts of the case. The arguments of both the counsels are on the questions of

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law and fact, where they assist the court in justice dispensation. Argument formation is an art,
and this portion of the judgments is instrumental, especially to the young professionals who have
embarked on the journey of law. This skill is gradually developed by reading more and more
judgments and watching the luminaries in court.
The ratio decidendi is probably the most captivating part of the judgment where the court
summarises the observation and applies the principles in the legal cases. It contains the ethos of
the entire judgment and is the interpretation of the law. The proper reading and understanding of
the ratio decidendi is the core of case law analysis. More often than not, the ratio also entails
other judgments and legal cases on which the court has relied upon to come to a particular
conclusion. This portion needs to be carefully read and analysed in such a manner the judgment
may be relevantly used to the current scenario. It is always a good idea to have bare acts and to
read the sections mentioned in the judgment to grasp the meaning in a wholesome manner.

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 BIBLIOGRAPHY
INTERNET
• “Judgment Writing” www.fja.gov.pk/judgment.htm
• Legit quest: https://www.legitquest.com › legal-guide
• www.scribd.com
• JUDGMENT WRITING AND DRAFT ORDERS: A PRESENTATION BY THE
HONOURABLE CHIEF JUSTICE L. MALABA
• www.scconline.com
• http://www.vakilno1.com/bareacts/crpc/the-code-of-criminal-procedure-1973

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