Judgments As Literature: Can The Style Of A Judgment Affect The Legitimacy Of The Law?
Bhavya Singh, B.A. LL.B. (Hons.), National Law Institute University, Bhopal
Kostuv Keshav, B.A. LL.B. (Hons.), National Law Institute University, Bhopal
Prisha Narayan, B.A. LL.B. (Hons.), National Law Institute University, Bhopal
ABSTRACT
Judicial authority depends upon reasons, but those reasons are communicated through choices of language, structure and voice. This essay examines how judicial style influences the perceived legitimacy of adjudication, with particular reference to Indian constitutional judgments. It contrasts restrained, doctrinal writing with judgments that employ metaphor, poetry, moral language and narrative, drawing upon decisions such as Suresh Kumar Koushal, Navtej Singh Johar, Puttaswamy and Joseph Shine. It argues that literary techniques can make constitutional reasoning more accessible and responsive to lived experience, while excessive rhetoric may obscure doctrinal weakness or personalise institutional authority. Judicial style therefore forms part of the manner in which courts justify the exercise of legal power.
