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Description:
Rajeev Dhavan examines the decision‑making patterns of Supreme Court judges from 1950 to 1971, exploring how they blended inherited British juristic methods with indigenous legal philosophies to resolve complex issues of law and fact . Rather than surveying all reported cases, he selects key areas—constitutional property rights; preventive detention and public order; Hindu personal law (joint family, adoption, “pious obligations,” women’s rights); and issues like obscenity, contempt, official secrecy, cow‑slaughter and labour statutes—to analyze judges' techniques and their sources.
Dhavan frames his central question: Do Indian Supreme Court judges rely exclusively on their Western legal training, or do they also draw—implicitly or explicitly—on indigenous traditions? The concluding chapter assesses the Court’s actual performance, weighing it against potential jurisprudential models and standards available to the Court.