Supreme Court judge Justice Surya Kant praised the 2018 amendments to the Specific Relief Act, saying they strengthen India’s appeal as an investment hub by enhancing contract enforceability, especially in infrastructure. At the launch of Sarkar Specific Relief Act, Justice KV Viswanathan and Advocate Siddharth Sethi emphasized the Act’s adaptation to modern legal needs, while author Sudipto Sarkar highlighted Section 14A’s unique inquisitorial aspect.
New Delhi: Supreme Court judge Justice Surya Kant commended the 2018 amendments to the Specific Relief Act, stating that these updates strengthen India’s appeal as an investment hub. Justice Kant’s remarks were made during the launch of Sarkar Specific Relief Act, published by Lexis Nexis, an event attended by prominent legal figures including Supreme Court Justice KV Viswanathan, former Chief Justice of Madras High Court Sanjib Banerjee, Advocate Siddharth Sethi, and author Sudipto Sarkar.
In his keynote address, Justice Kant emphasized how the amendments created a “paradigm shift in the Specific Relief Act” by addressing the legal needs of contracts related to infrastructure projects.
“This amendment bolsters India’s image as an investment hub. Contracts related to infrastructure development demanded a legal regime which prioritised timely execution, which the amendment addresses,”
said Justice Kant. The changes are intended to reduce delays and ensure the efficient execution of infrastructure-related contracts, fostering a favorable environment for global investment in India.
Justice Viswanathan also spoke about the amendment’s importance in keeping pace with modern legal needs. “The Specific Relief Act had to keep pace with time,” he noted, highlighting how the law’s flexibility is essential for the evolving nature of Indian legal principles. Justice Viswanathan discussed adverse possession—a legal doctrine that previously acted as a shield rather than a sword in legal proceedings but has since undergone reassessment.
Advocate on Record Siddharth Sethi acknowledged the 2018 amendment as a reflection of the evolving nature of Indian jurisprudence. He stressed the need for a legal framework that aligns with contemporary realities, underlining the significance of the amendment in ensuring that the Specific Relief Act remains relevant and responsive to new demands in the legal landscape.
Author Sudipto Sarkar pointed to Section 14A of the amended Specific Relief Act, which gives courts the authority to enlist expert guidance in cases under this Act.
“Section 14A has introduced the concept of a judge playing an inquisitorial role—which is not the approach followed in common law (being adversarial),”
Sarkar explained. This new provision, he added, challenges practitioners to determine whether the Specific Relief Act, with this inquisitorial element, represents a unique approach within India’s common law system.
The 2018 amendments to the Specific Relief Act, which prioritized enforceability and efficiency in contract disputes, have indeed contributed to shaping a legal environment that promotes investor confidence. As India continues to position itself as an attractive investment destination, these legal reforms play a pivotal role in enhancing the country’s reputation on the global stage, supporting infrastructure growth, and paving the way for timely and enforceable contractual agreements.
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