R.S.PATHAK, V.R.KRISHNA IYER
State Of M. P. – Appellant
Versus
Ram Ragubir Prasad Agarwal – Respondent
Judgment
KRISHNA IYER, J. :- If Kind Midas suffered from the curse of turning into gold everything he touched, Indo-Anglian legalism suffers from the pathology of making mystiques of simple words of common usage when they are found in the Corpus Juris. We cannot afford this luxury of legalistics, the besetting sin of law-in-action. This said comment is provoked by the prolonged debate carried on with logomachic dexterity in this appeal against a meticulous judgment where the semantic complexity and definitional intricacy of innocent words like syllabus, courses of instruction and publish and the procedural mechanics for prescribing textbooks for secondary education set out in a fasciculus of sections have been investigated.
2. Law, in a democratic, pluralist society spreads over vast spaces where the Constitution of developing countries, like ours, commands the State to adventure into a profusion of welfare measures and commits to the judicial process the interpretation of legislation not to obfuscate but to objectify the meaning of enactments. The Justice System ceases to be functional if courts do not make the technology of statutory construction serve the betterment of society. In
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