O R D E R

S.B. Sinha Introduction `Certainty‟ is integral to Rule of Law, said the Supreme Court of India recently in Vodafone International Holdings B.V. vs. Union of India and Anr. reported in 2012 (1) SCALE 530.

It was also stated :-

“Certainty and stability form the basic foundation of any fiscal system.”

[See also Reliance Energy Ltd. and Anr vs. Maharashtra State Road Development Corp. Ltd and Ors. (2007) 8 SCC 1]

2. `Certainty in law‟ is highly desirable. Some academics state (with which many jurists do not agree) that one question must have one answer.

3. Adrian Vermeule in a book titled `Judging under Uncertainty‟ broke new grounds contending that the conceptual approach and the judge centered conclusion of older theories must give way to legal interpretation premised on institutional theories. According to the learned author, severe empirical uncertainty should give way to deference to administrative agencies where statutes are unclear and deference to legislatures where constitutional language is unclear.

What should be done by the higher judiciary in a country like India is a different question.

4. Herring A. Willington in his book `Interpreting the Constitution‟ would