“Quotes Compiled” from Shiva Kant Jha’s Legal Potpourri published in 2008-2009 on taxindiaonline.com

“Quotes Compiled” from Shiva Kant Jha’s Legal Potpourri published in 2008-2009 on taxindiaonline.com
By Nandini Choudhary, Maryland U.S.A.
“Success in litigation, or anywhere else, does not mean always that Truth is on its side.” (Legal Potpourri, Nov 14, 2008)
“Strange somnambulism and the Brownian motion seem endemic as much with our government as with its decorated advisors.” (Legal Potpourri, Nov 28, 2008)
There is a point when it is said that decisions are first taken, reasons are then arrived at. Logic is the obedient servant to its masters, whosoever they be. (Legal Potpourri, November 28, 2008)
“But the pursuit at meaning is most often to negotiate through the Scylla of Mnemonic Irrelevances of the judges and the Charybdis of their Stock-respnses: the first is the impermissible intrusion of the judge’s own past and personality, the second is their rigidness not to leave their groove come what may.” (Legal Potpourri, November 28, 2008)
“In such situation the only way to protect the Constitution would be the ultima ratio of ‘We, the People’: change through a referendum, if possible; or through a revolution if no other option left.” (Legal Potpourri, Dec.12. 2008)
“…. it is the destiny of all who dedicate themselves to public good to work trudge on the life’s difficult ridge with iron in his soul.” (Legal Potpourri , Dec.12. 2008)
“The real cause of the crisis in the global economic architecture is Greed which subsumes into its sinister service inventiveness and imagination.” (Legal Potpourri, Dec. 26. 2008)
“The real cause is, when all is said, the inexorable operation of the Law of Karma. Krishna was right in telling Arjuna that we are ourselves our friends and foes.” (Legal Potpourri , Dec. 26. 2008)
“The problem of the judicial delay is best solved by balancing what is stated in the well-known dicta: “Justice delayed is justice denied” and ” Justice hurried is justice buried”. To work this calculus one requires skill and judicial sensibility.” (Legal Potpourri, Dec. 26. 2008)
“But Justice must see realities of our society to respond to the deeds of Adam Smith’s ‘invisible hand’ of the Market, and also the misdeeds of the economic gladiators of our day.” (Legal Potpourri, Dec. 26. 2008)
“In life’s frustrating criss-cross, Goddess of Justice assures some soothing vernal breeze. More she reigns with majesty, higher we ascend in culture and civilization.” (Legal Potpourri , Dec. 26. 2008)
“But it is a strange irony that what is most devastatingly important principle is most often not recognized It is TIME.” (Legal Potpourri of Jan. 9, 2009)
“We cannot afford to go back to the days of the Nawab of Awadh when, whilst the imperial forces were on his head, the Nawab was playing with pigeons.” (Legal Potpourri of Jan. 9, 2009)
“Great judges of our times do not feel cribbed and confined by the narrow perception of Judicial Role cut to the Procrustean bed of the maxim “Judicis est jus dicere – non Dare, which pithily expounds the duty of the court: it is to decide what the law is, and apply it, and not to make it.” (Legal Potpourri of Jan. 9, 2009)
“Judges are artists with moral vision. They administer justice with materials more malleable than 24-carat gold. This puts on them great responsibility. Whilst many mortals stand before their bar as the suppliants, they themselves stand before the Bar of ‘We, the People.'” (Legal Potpourri of Jan. 9, 2009)
“At times we tend to become the victims of our romantic visions of figments and phantoms.” (Legal Potpourri of Jan. 23, 2009)
“The citizens of this Republic, miserable and destitute though they often are, are the holders of the highest office under this Republic: they are its citizens before whom all institutions, the executive, legislative, and judicial are on trial.” (Legal Potpourri of Jan. 23, 2009)
“We believe that, in the end, the verdict of destiny would surely attest our national motto Satyameva Jayate (Truth Alone Triumphs) and our national conviction in Tamaso Ma Jyotrigamaya (Lead me from darkness to Light). For the present: just ‘Amen’.” (Legal Potpourri of Jan. 23, 2009)
“We have seen in the recent years an evident a atherosclerosis in judicial creativity mainly because of the high pressure pleadings for the ideas spawned by the neo-liberal paradigm now being battered by the most worrisome financial melt-down, at best singing only its swansong.” (Legal Potpourri of Jan. 23, 2009)
“POWER is always delicious: brute power is most delicious whether exercised from the stage or via green-room.” (Legal Potpourri of Feb. 6, 2009)
“We hope, some institution of this country of the ‘low arousal’ people rises to the occasion to do something effective to remove the democratic deficit.” (Legal Potpourri of Feb. 6, 2009)
“In the society of our low arousal people and low arousal institutions, a PIL petitioner brings a cause before the Court only to get administrative lawlessness stopped, and to compel the public authorities to discharge their legal duty.” (Legal Potpourri of Feb. 6, 2009)
“Bereft of all temporal and spatial excrescences, the Bhagavad-Gita , the Koran and the Bible have this profound vision of the moral structure of the universe at their heart.” (Legal Potpourri of Feb. 20, 2009)
“It is obvious to any discriminating person to see that the political ideas wrung from the operative political realities of the 18th to the 20th centuries have controlled, cabined and confined the prevailing juristic thinking.” (Legal Potpourri of Feb. 20, 2009)
“The western oeuvre proves, most so in John Milton’s Paradise Lost, that the greatest logician that the West has yet produced is Satan, and his lieutenant Mephistopheles.” (Legal Potpourri of Feb. 20, 2009)
“Gandhi is now in our country almost forgotten…. Now the Mahatma laughs at the currency notes, but is downcast on gazing at us in the Supreme Court campus!” (Legal Potpourri of Feb. 20, 2009)
“The ‘socialist ‘mission, as conceived under our Constitution, has its roots, and is derived from, the collective consciousness of our people most powerfully expressed in the Bhagavadgita. What has been done over these years is a morbid story of bathos, pathos, and sinister irony.” (Legal Potpourri of March 6, 2009)
“EVERY reader must be aware of a proverb: “Fools & their money are soon parted”. (Legal Potpourri of March 6, 2009)
“Our Government suffers from ‘financial deficit’, ‘moral deficit’, ‘democratic deficit’ and no less gruesome ‘knowledge deficit’ when up against the foreign sharks and the multinationals who rule the roost the world around.” (Legal Potpourri of March 6, 2009)
‘But the most worrisome problem that we face is that our citizenry is anesthetically naïve about what is happening to our country on account of the sharp and sullied operations from outside.” (Legal Potpourri of March 20, 2009)
“But the most worrisome problem that we face is that our citizenry is anesthetically naïve about what is happening to our country on account of the sharp and sullied operations from outside.” (Legal Potpourri of March 20, 2009)
“The wielders of power must accept what the Delhi High Court had said: ” No law encourages opaque system to prevail.” We hope soon a new chapter would begin.” (Legal Potpourri of March 20, 2009)
“I told the Court the story of A Rickshaw Puller Vs A Rickshaw Puller.” (Legal Potpourri of April 3, 2009)
“Management. The Economic Globalization is a contrivance begetting the present-day economic architecture of the world in which there is a ruthless subjugation of the political realm to the economic realm.” (Legal Potpourri of April 17, 2009)
“Neo-liberal capitalism in the present form is surely a collective sin: its remedies lie in honest collective efforts.” (Legal Potpourri of April 17, 2009)
“The purpose of this short leaf is to initiate a discussion on the points suggested. If this ever happens, my drudgery is well rewarded.” (Legal Potpourri of May1, 2009)
“Assumptions’ and ‘assertions’ seem to rule the roost in economic deliberations.” (Legal Potpourri of May1, 2009)
“Einstein wrote to Lorentz in Holland “that men always need some idiotic fiction in the name of which they can face one another. Once it was religion, now it is the State”. On scanning the present realities, shouldn’t we say: “Once it was religion, then it was the State, now it is the Market, Pax Mercatus”. (Legal Potpourri of May1, 2009)
‘I hope that this good work thus begun would not get lost in sand. Didn’t Lord Krishna say in the Gita: “A noble work is never lost even if it precedes only a few steps towards its goal”. (Legal Potpourri of May 15, 2009)
“Not to say of questioning Kings, we have even questioned God who without demur accepted His duty to explain”. (Legal Potpourri of May 15, 2009)
‘Such words facilitate the work of the crooks and cranks, knaves and fools, the go-getters and the greed-setters (or suitors).” (Legal Potpourri of May 29, 2009)
“So, after all, what is there in face? We would, like Titania , love to kiss the face of a donkey rather than that of a Leviathan who could smile and smile and yet be a villain…..What mattes, when all is said, is whether one posses ‘human heart’.” (Legal Potpourri of May 29, 2009)
‘I was wondering why a person is ill at ease with the judicial creativity in the permissible zone; unless under the present-day rule of market (pax mercatus ) he believes in the noxious idea of judicial withdrawal rhyming and chiming well with the much-hyped withdrawal of the government from welfare activities.” (Legal Potpourri of May 29, 2009)
‘ …..this Economic Paradigm of the Economic Globalization under which ‘patriotism’ stands quoted at the national stock exchange at minus zero!” (Legal Potpourri of May 29, 2009)
“The syncretic culture about which the Ramayana speaks is more pro bono publico than our present-day ‘secularism’ and egalitarianism whose combined spectrum surges from religious neutrality to outright public immorality.” (Legal Potpourri of May 29, 2009)
“THERE are good reasons to believe that our constitution-framers’ socialist vision received a powerful expression in our Constitution, a virtual ‘objective correlative’ to express their aspirations.” (Legal Potpourri, July 10, 2009)
“It is really tragic to note that our jurists have never appreciated this fact because their western orientation never freed them from the blinkers forged out of the Western borrowings.” (Legal Potpourri, July 10, 2009)
“‘Social Justice’ is the very purpose of our polity, and the very heart of our Constitution and this requires creation of conditions for all so that quality of life improves.” (Legal Potpourri, July 10, 2009)
“Consumerism is sin till the last man receives just treatment. Human beings must not be treated as commodities for trade.” (Legal Potpourri, July 10, 2009)
“A little bird bids me to reflect on the model of the economic growth we have set in our country.” (Legal Potpourri, July 24, 2009)
“No society has ever escaped the consequences of its deeds done, suffered, or even tolerated tongue-tied.” (Legal Potpourri, July 24, 2009)
“Lull is not peace. Often peace is craved by those who want the exploited to remain supine, suppliant, and silent allowing them to sip blood from their heart without protest.” (Legal Potpourri, July 24, 2009)
“The ‘Taj Mahal Economy’ had destroyed in the past civilizations much more advanced than ours: I mean the civilizations that had once developed in Egypt , Greece , Rome, and the Byzantine flowering. There is an increasing dread that we may become victims of polarized wealth.” (Legal Potpourri, July 24, 2009)
The Executive Government erroneously believes that it possesses plenum dominium.” (Legal Potpourri, August 7, 2009)
“A corporation evolved as a form of business organization in which public interest was greatly interested as its enterprise generated huge amount of wealth. It was not conceived as an impervious coverlet for abuse.” (Legal Potpourri, August 7, 2009)
“A society, which keeps on quietly accepting aberrations & injustice over a long span of time, is surely most unfortunate.” (Legal Potpourri, August 7, 2009)
“WHEN we see the degradation in public life, wrought primarily by what the Shah
Commission Report calls, ‘the Root of All Evil’, we have no option but to think that ours is ‘a tale of the evasions of reality’ resulting in a chronicle of missed opportunities.” (Legal Potpourri, Sept 18, 2009)
“Variating on what Prof. John Kenneth Galbraith said about the present-day economic history, I can say: here is a constant in political life: as between grave ultimate disaster and conserving reforms that might avoid it, the former is frequently much preferred.” (Legal Potpourri, Sept 18, 2009)
“The degradation gets more and more shocking on account of the conspiratorial collaboration of the economic gladiators, marauders and the manipulators for whom the present phase of economic globalization is the most fertile field.” ( Legal Potpourri, Sept. 18, 2009)
“It is submitted that the right approach is what is suggested in the oft-quoted remark by Carl Schurz in his address in the United States Congress: “My country, right or wrong. If right, to keep right, if wrong, to put right.” (Legal Potpourri, Sept. 18, 2009)
“The ‘Root of All Evil ‘ must not be nourished to grow into an ever-growing, luxuriant and noxious embracing tree for our nation to rue” (Legal Potpourri, Sept. 18, 2009)
“The 16th century painter Marinus van Reymerswaele, well known for his satirical paintings, painted ‘the Two Tax Gatherers’ showing an imperious tax collector before whom cringed a commoner to whom the collection of taxes had been outsourced (or ‘farmed’ or ‘privatized’).” (Legal Potpourri, Sept. 18, 2009)

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