Justice Vikram Nath on Social Media’s Influence in Legal Proceedings
During an address at the Delhi High Court, Justice Vikram Nath of the Supreme Court of India emphasized the swift dissemination of judicial remarks on social media platforms. He noted that comments made in court can quickly become viral, reaching audiences on Twitter, Instagram, and LinkedIn before judges even return home.
Justice Nath made these observations at the launch of IBC Mantra: The Law and Practice of Insolvency and Bankruptcy, an online commentary by Senior Advocate Tarun Gulati and Advocate Kumar Sambhav. He highlighted the stark contrast between the rapid spread of information today and the slower, more methodical process of legal research in the past, which relied heavily on physical libraries.
The Evolution of Legal Research
Justice Nath reflected on the changes in legal research, noting that while technology has made legal materials more accessible, it has not diminished the need for quality legal scholarship. He praised the accidental discoveries made in physical libraries, which often provided unexpected insights. Despite the abundance of information available now, he stressed the importance of perspective and understanding the principles guiding legal developments.
Insolvency and Bankruptcy Code: A Dynamic Legal Framework
The discussion also touched upon the Insolvency and Bankruptcy Code (IBC), a crucial piece of legislation in India’s commercial law landscape. Justice Nath described the IBC as a relatively young statute that frequently presents new challenges for the courts. He underscored the value of commentaries in bringing clarity to evolving legal interpretations.
Justice Sanjeev Sachdeva clarified misconceptions about the IBC, emphasizing that its primary goal is resolution, not liquidation. He stated that liquidation is considered a last resort under the IBC framework.
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Contributions to Legal Knowledge
Justice Manmohan highlighted the significance of making the commentary freely accessible, viewing it as a way to support younger legal professionals. Delhi High Court Chief Justice Devendra Kumar Upadhyaya praised the IBC for its role in transforming the approach to financial distress, focusing on timely resolution and stakeholder interests.
Former Supreme Court Justice Sudhanshu Dhulia, who penned the foreword to the commentary, emphasized the critical role of judicial interpretation in breathing life into statutes. Senior Advocate N Hariharan noted the necessity of distinguishing between genuine commercial failures and fraudulent activities under modern insolvency laws.
Making Legal Knowledge Accessible
Senior Advocate Tarun Gulati explained the decision to organize the commentary section-wise, facilitating targeted research. He stressed the importance of making legal knowledge freely available, particularly for younger members of the Bar and students who may face financial constraints. The online platform offers comprehensive analysis, case law, and a searchable database of the IBC.
