Legal archaeology: reconstructing a case study of the Gujarat High Court Bullet Train Judgment

Abstract

This article employs legal archaeology as the methodology to review the Jigarbhai Amratbhai Patel v State of Gujarat (2019 Bullet Train Judgment) in the Gujarat High Court. It assembles a novel case study in a manner that respects its unique, subjective and formal origins while showcasing its diverse past. The litigation concerned the dominant choice between public interest and private property rights in compulsory land acquisition. Melding the official report and unofficial sources, legal archaeology focuses on the relationships between the internal operations of the court and the general social, political, and cultural elements that influenced its decision-making. Stories and lived experiences are powerful means to open fresh perspectives on reality, develop a richer narrative, and pose different, and significant queries. Emma Nottingham’s phased methodological approach to the legal archaeology and its application to the Bullet Train Judgment reveals that the genesis of the judgment is not singular but prismatic.