Blog Archives

Insights into the authenticity of All India Reports

The very inception of AIR was a boon to the Indian Law of precedents, where a Pvt. Law reporting system was given emphasis over the prevailing Govt. Law reporting.!!

BACKGROUND

Reports of judicial decisions are among the most important sources of legal authority in the common law system. Over the course of time, judges shape legal doctrines to address the complex issues of changing society.(1) To use Court decisions and orders effectively, it is important to circulate it widely and such that it arouses public opinion and awareness. Thus, the Law reports have an eminent position in the functioning of the judiciary and its subsidiaries.

There are many law reports and law journals published in India. Some of them are official publications like the Supreme Court Reports of India (SCR) and the India Law Report Series (ILRs) such as ILR Delhi, ILR Kerala, and ILR Karnataka. Previously, all the states published in the Indian Law Reports; currently only a few publish there. This is why today there is a real need to cite cases from private publications. The citations of these law reports published by private companies are accepted by the Indian Courts and are also cited in the judgments of the Courts. All the States in India privately publish the judgments of their respective high courts. Some of these law reports are available in electronic format.(2) Thus, law reports on wide circulation make the parties aware of the present legal position existing in a country.

Among the private Law Reports, the most commonly used and relied upon, even by the courts, is the A.I. R. Apart from the Supreme Court and the High Courts cases, it contains several useful features such as the table of cases cited and cases reversed or affirmed.(3) In the list of most referred to and familiar Indian Law Reports comes the – All India Law Reports (AIR), which has the Supreme Court and All High Court Judgments, the latest legislative changes, legal articles and profiles of newly appointed Judges’ in Various High Courts and the Supreme Court. This is published monthly.(4) It is also to be noted that the AIR Supreme Court Millennium Digest has the case laws from 1950 to date, published by All India Reporter is a very good and authentic source.(5)

ALL INDIA REPORTER: TRUSTWORTHY SOURCE

The enormous quantity and the uncertain quality of Indian Law Reports was the subject matter of comment by Sir Frederick Pollock as far back as 1931. Sir Maurice Gwyer, the first Chief Justice of India expressed his “cordial agreement” with the critics of the multiplying law reports in 1944.(6) The then-Chief Justice of India in 1956 also quoted with approval Sir Frederick Pollock’s observation and said:-

“A period of 25 years has elapsed since then, but every lawyer in India will have to admit that no improvement has occurred in law reporting in India, but on the other hand one is near wilderness, if not actually in it.” (7)

The importance of the issue raised and the almost unanimous view expressed against the multiplicity of law reports and their prejudicial effect on the administration of justice necessitate a detailed examination of the whole question. It is a basic principle that the directions issued by the Supreme Court in a decision constitute binding law.(8) This principle was reiterated by Supreme Court of India in Vishaka v. State of Rajasthan(9) and Khedat Mazdoor Chetna Sangath v. State of M.P.(10) Uncertainty and divergence of approach and views in the Supreme Court need to end, and the Supreme Court must give its decision one way or the other, clarifying the legal position so that the High Courts can follow necessarily the law thus laid down. Consistency is a virtue. Passing orders not consistent with its own decision on law, is found to send out confusing signals and usher in judicial chaos.(11) Madras Bar Council regarding this ambiguity stated as follows:-

“The Council strongly feels that the Law Reports are too many (official and non- official), that it makes the task of the legal practitioners difficult and confusing. There must be only one authorized law report from which only citations may be made and it may be made the statutory report.”(12)

Thus, the importance of law reporting is set out on this front such as the judiciary lays more emphasis on authentic and trustworthy sources for the same. All India Reporter, although being a non-official reporter was trusted on by the Judges of Supreme Court as well the High Courts. Its authenticity can be made out from the instance of the case of Keshavnanda Bharti v. State of Kerala(13), where the largest constitutional bench ever cited the cases from the All India Reporter.

CONCLUSION

The very idea as of how an independent publisher became dominant over the official government reports is still unknown.(14) The very question arose in the Apex Court that All India Reporters and all its Reports come under the meaning of News reports or not in the landmark case of All India Reporters Karmachari Sangh and Others v. All India Reporter Limited(15), and it was laid down that the definition of newspapers includes Law reports as it states the present legal position of the country. Thus, the AIR has its deep roots in the Indian legal scene since 1914, when it was firmly established. The paucity of time and efforts by the official reporters lead AIR to come to forefront as the leading authentic source of precedents in India.

References:-

Cohen & Olson, LEGAL RESEARCH IN A NUTSHELL, (9th Edition, Thomson West Publishers) p. 68.
Uma Narayan, Basic Indian Legal Literature for Foreign Legal Professionals, International Journal of Legal Information, Vol. 37 Issue 3 (2009), at 342.
S. K. Verma, Basic Information for Legal Research: India, Indian Law Institute; Sourced from – http://d-arch.ide.go.jp/idedp/IAL/IAL002300_004.pdf (last visited on 15th December, 2013 at 15:30 hrs.)
Institute of Advanced Legal Studies (IALS), University of London Library Research Guide: India; Sourced from – http://ials.sas.ac.uk/library/guides/docs/IndiaguideMar2010.pdf (last visited on 24th December, 2013 at 19:00 hrs.)
Ibid.
Preface to Pollock & Mulla, Indian Contract Act, 7th Edition.
Preface to Mulla’s Transfer of Property Act, 4th Edition.
See Art. 141 of the Indian Constitution – Law declared by Supreme Court to be binding on all courts The law declared by the Supreme Court shall be binding on all courts within the territory of India.
(1997) 6 SCC 241: 1997 SCC (Cri) 932.
(1994) 6 SCC 260: 1994 SCC (Cri) 1643.
A. Lakshminath , JUDICIAL PROCESS: PRECEDENT IN INDIAN LAW (3rd Edition, 2009; Eastern Book Company, Lucknow) p. 43
First Law Commission, Report 12 – Reform of Judicial Administration: Vol. 1; LAW REPORTS, Sourced from – http://lawcommissionofindia.nic.in/1-50/Report14Vol1.pdf (last visited on 22nd December, 2013 at 20:00 hrs.)
AIR 1973 SC 1461
The author of this article feels that the present situation is due to multiplicity of reports (which were slowly discontinued) and shortage of time to regulate the same by the Govt. or any instrumentality of the Govt, but All India Reporters with its many publishing reports became authentic and trustworthy in the due course of time. AIR, a private publishing house with Supreme Court and High Court Judges as its Editors, numerous publishing reports, digests and manuals, they were given priority over any other law reports.
AIR 1988 SC 1325