Judicial Excellence

“HOW ARE YOU TO ATTAIN JUDICIAL EXCELLENCE.”

[1] JUDICIAL EXCELLENCE – A QUALITY:

Our subject on hand is “ how are you to attain judicial excellence”. If judicial excellence is a quality, which can be attained, then its process never ends during the life of a Judge. Because a mark never can be set and finish line never can be drawn for it. Hon’ble the Supreme Court has rightly quoted somewhere that a judge who has not committed a mistake during his life is yet to be born.

[2] TINY BOX OF JUSTICE:

The power of doing justice of present days judge is kept in very tiny box called “discretion” which is kept between pages of very large books of our laws. The judge is enable to open this box and use this power of his only when he can interpret the laws written in those large books. If he interpret laws correctly and apply them to the facts of the case he is dealing with, then and then only he can use his justice giving discretion in favour of the party entitled for it. Hence, in my humble view to attain judicial excellence a judge should develop ability of understanding and interpreting laws in their true sense, keeping in mind the objects and reasons behind enacting the same.

[3] CONTRADICTORY QUALITIES:

Again, I must say the judge who is clever enough to interpret laws and applying them correctly to the facts of the case in hand may not be called the judge who has attained judicial excellence, because while doing this job of his, he has to develop many qualities which are very much contradictory to each other and has to keep balance between them. He is not supposed to do only justice but he has to make the parties and society feel that the justice has been done. It has to be done the right way and at the right time. For that a judge must develop
following contradictory qualities and strike balance between them.

[4] WALKING ON A ROPE:

A judge must be aloof from the society but social enough to know social, economical and political surroundings of the society where he works which effects the behavior of the litigating parties. A judge must be prompt enough but not too hasty in deciding the problems and disputes. He must be humble enough to litigants, lawyers and staff members so they can be frank and approach to him, but on other hand he has to be firm enough to maintain the decorum of his position and judicial system. He is to be simple in his lifestyle but decorative and smart enough to put him apart from the general crowd. A judge must be silent enough to not disclose his mind, but inquisitive enough to enable him to find the truth. He should be reserve enough so that wrong man does not dare to approach him, but on other hand transparent enough to let the people feel that he is always available for doing justice and what he is doing is impartial and not discriminatory. It is today’s prime demand that heavy burden and backlogs of the cases is to be reduced. While doing this a judge has to see that more and more cases are to be disposed off, but on the other hand he is supposed to see that substantial justice be done. To attain judicial excellence a judge has to develop the ability of keeping balance between all these contradictory aspects. In short a judge has to perform the role of a ropewalker. A wrong step on either side may result in doubtless fall, which can be fatal even. The ropewalker performed his role walking slowly and keeping balance while walking on the rope from one end to other. The judge is supposed to walk fast and keep balance on the rope at the same time.

[5] TIPS:

There are many judges who are born with above-mentioned abilities. Others are supposed to develop them. Attaining judicial excellence is tough job, but is not impossible. To attain judicial excellence a judge must work hard. Some one has said, “ A judge must live like a hermit and work like a horse.” With all due respects, I do not agree with the gentleman who had said those words. A judge after all is a human being. He has his own life, family and society. Living like hermit and working like a horse, both on either ends suggests that a judge should withdraw himself from his family and society. I agree that faculty of judicial system is different from other professions. But no faculty of profession, including judicial profession demands that the man working in any profession do his work by ruining his family and social life. A judge too has all the rights to perform his duties towards his family and his society. I strongly believe that even while performing his duties towards his family and society and while living like a simple man instead of a hermit and while working like a human being instead of a horse, a judge can attain judicial excellence. To attain judicial excellence this way, tips given by Hon’ble the Chief Justice of India, Mr. R.C. Lahoti saheb during his lordship’s valedictory address at Delhi Judicial Academy are very much helpful. As Hon’ble CJI has shared his views regarding judicial excellence, a judge has to learn few lessons to develop the quality of a good judge, which are (1) Maintain a good physique and sound mind, (2) Value the time, (3) Simple living, (4) Choose your company cautiously, (5) Read literature, (6) Continuing education, (7) Develop a hobby, (8) Be prompt and (9) Respect and regard your courtroom as a temple of justice.

[6] CONCLUSION:

No doubt, the mission is tough but not the impossible. Attaining judicial excellence is a continuous process. Our effort to achieve the same will always to be helpful to some one who is seeking justice. We have to remember that once a judge is always a judge. As a judge one must always keep in mind that while doing justice he is only answerable to his conscience. If you are a judge, you must always keep in mind that God is looking over your work very closely because people believe that you are next to God.