Judicial Brethren - Wear Wholesome Outlook
The Constitution of India provides for three tier judicial pyramid. District
Judiciary is its foundation and base. The Supreme Court is the Summit Court. In
between is the High Court of each state. All the three play a vital role in the justice
delivery system. One of the sources for elevation to the High Court is the District
Judiciary. Its link with the Constitution is important in our constitutional system. The
use of the expression ‘Subordinate Courts’ in article 235 is not healthy. Equally,
article 228 de-links the district judiciary from the Constitution. Under article 228, the
High Courts can withdraw a case from the District Court involving interpretation of the
Constitution. During the course of last more than 60 years, one does not know, how
many cases may have been withdrawn. But the direct consequence of this provision
(article 228) has been that the District Judiciary stands divorced from the Constitution
of India. This is a retrograde provision. This provision needs reconsideration in the
light of our experience. Infact, this deprives our district judiciary of that ‘wholesome’
Constitutional outlook.
The judicial brethren at all levels need to wear wholesome outlook. The mental
make-up makes all the difference. Therefore, Think positive. Act positive. Do positive.
Be not suspicious. A suspicious judicial mind would hamper the doing of justice. The
judicial brethren must bring change in their outlook. This change is must. It is not
difficult. It is, infact, possible.
Alfred Nobel was the inventor of dynamite. Over 100 years ago, he was
reading the morning news paper. To his utter surprise, he found his name in the
obituary column. The newspaper had reported the death of a wrong person by
mistake. The obituary read, “Dynamite king dies. He was the merchant of death”.
Alfred Nobel asked himself, this is how I am going to be remembered ? He felt
depressed. His feelings and emotions took charge of him. After sometime, he
composed himself. He gave serious thought as to what he should do so that he is
remembered for something good. He created a Trust. He instituted the great Nobel
Prize. This change in his mental make-up and outlook enriched and continues to
enrich the whole world. May it be in the field of Literature. Medicine. Science.
Economics. Peace. In such variety of fields, the sound minds which make rich
Page | 2
contribution are honoured and awarded the Nobel Prize every year. This change has
made Alfred Nobel immortal. He is no more. His fragrance continues.
Accordingly, if the judicial brethren cultivate and wear wholesome outlook, it
would make all the difference in the justice delivery system of our country. To do
justice is service of the noblest kind. To do justice is divine. It is only the fortunate
one who gets an opportunity to do justice.
The judicial brethren are human beings. Harold Laski once wrote to justice
Holmes : “He wished that people could be persuaded to realize that judges are
human beings; it would be a real help to jurisprudence”. Both, the people and the
judges need to realize that judges are human beings. To be a good judge, be a good
human being. Knowledge of law is not that important as it is to be a good human
being. Minus this, it would be difficult to be a good judge.
Shakespeare wrote : judge not so that ye be not judged. It is difficult to
subscribe to this. Judge so that ye be also judged. The judicial brethren must not be
scared or worried that they are being judged. They must wear the judicious
conscious. Judicious outlook. Perform the duties of your office without fear or favour.
Affection or ill will. A judge is answerable to his conscious. This is the constitutional
mandate.
Socrates gave four way test for a judge :
Hear courteously;
Consider soberly;
Answer wisely; and
Decide impartially.
This four way test sums up the outlook of the judicial brethren.
Justice A.K. Sikri in the recent High Court Judges’ Conference at the National
Judicial Academy, Bhopal suggested four virtues of a judge.
Page | 3
Judicial Courage is the first virtue. A judge must be courageous. Must be
bold. The courts often face difficult situations. Unless, the court has the virtue of
being bold, it would fail in it constitutional obligation.
Judicial Temperament is the second virtue which the judicial brethren must
possess. They must be cool and clinical. They must not be temperamental. If a judge
loses his temper, he would not be able to do justice. Lord Denning died 100 and plus.
In his court, a lady argued her own case. She was given a patient hearing. The
petition came to be dismissed. The lady got furious. She lost her temper. There were
three books lying in front of her. She picked up each book one by one to hit Lord
Denning. Lord Denning saved himself. He ducked. Each time the lady missed the
target. No more books Lord Denning kept his cool. Didn’t say a word. The lady
walked up to the exit door. Stopped. She said, how cool even in a war situation. She
walked out. Lord Denning said, a matter of sudden provocation. Still another example
of judicial temperament. In London Times, some time back, a story appeared.
Alongwith the story, there were photographs of three Lords of House of Lords. The
caption was : “Old Fools”. One of the Lords happened to come to India. Fali Nariman
happen to meet him. He asked him about the story that had appeared. The Lords
were described as “Old Fools” and yet no contempt notice was issued? He smiled.
He asked, what was there to issue the contempt notice ? ‘Old’ is a matter of ‘Fact’.
‘Fool’ is a matter of ‘Opinion’. Why contempt notice ? How cool. How balanced. This
is reflective of the judicial temperament. Under the Indian Constitution, there is a
fundamental duty for every citizen to develop scientific temper. The judicial brethren
would be able to render wholesome justice, if they are able to cultivate the virtue of
cool mind. Control temper. Justice would flow.
Judicial Wisdom is the third virtue. Sound minds are not easily liable to
extraneous considerations. It is not known, whether any Nobel laureate may have
fallen prey to any such dubious practice. The book ‘Legends in Law’ written by V.
Sudhish Pai is a store-house. It has portrayed brilliantly some of our great judges and
lawyers. Soli Sorabjee while writing about the book has recorded : ‘A feeling of awe
and reverence is generated as we witness the procession of the greats unfolded
before us’. This book should become compulsory reading for the judicial brethren. It
is full of judicial wisdom. Knowledge for doing justice is necessary.
Page | 4
Judicial Independence is the fourth virtue. This goes to the root of the
Institution of judiciary. If rule of law is to be sustained, judicial independence is the
raw material which is needed for its sustenance. Indian higher judiciary is perhaps
the strongest. Its contribution is sue generis. Matchable with other systems. Around
the globe. Second to none. The brethren in black robes has played its innings. Infact,
it continues to play. This in itself does not mean that we are flaw-less. That there are
no aberrations in our system. We need a judicial Ombudsman with constitutional
fabric.
The four way test and the four judicial virtues constitute the judicial culture. It is
this culture which unites and binds the brethren. If the brethren would wear this
judicial cultural outlook, the judicial brethren will be able to render wholesome justice.
The nation is hungry for justice. Come forward. Do not lag behind. This is your
constitutional obligation. Attitude determines the altitude.
(Balram K. Gupta)
Director
National Judicial Academy
India