Judiciary presently almost resembles a feudal setup and relationship.  The Chief Justice at the apex is like the feudal lord, assisted by a few dozens of feudal nobles, lording it over serfs who constitute members of district judiciary.  This is what I have personally seen in some states and heard of in some other states.  Why are district judges and those working under them in mortal fear of the High Court judges, including the Chief Justice?  The reasons are the writing of ACRs, power of patronage and power of transfer,  particularly in larger states involving large distances.  Imagine a situation where senior most district judge, who has about 25 years to 30 years of experience if he entered judicial service at the bottom rung or 10 to 15 years service if he entered service as a direct recruit district judge, being recommended for elevation as a High Court judge along with two members of bar at least ten years younger to the senior most district judge and of untested merit and integrity and total inexperience in the task of “superintendance”.------


 Then why this humiliating treatment of the senior most district judge by making him junior to comparatively younger and inexperienced members of the bar?  It is nothing else but rank prejudice and an unconscious bias against district judges and perhaps an unconscious desire to ensure that no High Court judge who has  come from the district judiciary can ever become the senior most judge in the High Court.  

Judiciary has similarity with a feudal setup.  Everything and anything depends on status, that is, seniority – this is particularly so in “superior” courts.  In the district judiciary, everything depends on seniority and the position or post one occupies.   District judges are unhappy because they are treated with disdain by some High Court judges, but some of them similarly treat judicial officers working under them or officers junior to them.  Some Supreme Court judges believe they are above all and everything.

I have already referred to the circular issued by Gauhati High Court and the practice in Madhya Pradesh which required district judge and other judicial officers to wait at the border of the district to welcome High Court judges visiting the district.  Both in the north east and Madhya Pradesh, I was shocked to see members of the district judiciary waiting by the side of national highway or public road to welcome visiting judges with garlands.


 Such visits, strangely, cause financial burden on district judges who are also, sometimes held responsible for absence of certain facilities in government guest houses and quality of food served in guest houses.  Guest houses or circuit houses generally have one or two V.I.P. rooms, all under the control of the Dy. commissioner (district collector) who invariably provides such rooms to visiting ministers and the like, thereby denying such rooms to the visiting judicial personalities.  This results in the district judge concerned being blamed for the alleged lapse.  There are some High Court judges who deliberately maintain distance from and assume a grand air of aloofness from officers of the district judiciary.  Of course, in any hierarchical system, those lower in the hierarchy are expected to show respect to those who are placed higher in the hierarchy; but should not the latter show cordiality, sympathy and courtesy to the former?  Sometimes such treatment and consideration seem to be lacking.

Transfer is one of the most important and significant source of trauma for judicial officers. Proximity to native place, availability of educational and health facilities are their prime concern.  A judicial officer will reconcile himself to an uncomfortable transfer if similarly situated officers are dealt with similarly.  Demoralisation sets in when he perceives that some receive good postings (attributed to proximity to senior or administrative judges, religion and caste considerations and certain officers being natives of an area from which such High Court judges hail).

The following are the excerpts from the conversation between Justice M N Venkatachaliah and Justice Bhat, as described by Justice Bhat in his autobiography.

C.J.I.:- Chief justice, I have come all the way to inform you about an action I have taken. I have recommended the appointment of Justice K S Paripoornan as judge of Supreme Court.

U.L.B.:- (I did not respond for sometime)

C.J.I.: Why are you silent?

U.L.B.:- Chief, what can I say.  The matter is entirely within your power and jurisdiction.  You have exercised your prerogative.  I have nothing to say.

C.J.I. (Remained silent)

U.L.B.:- But even according to the judicial view taken by the Supreme Court, I have legitimate expectations.  I have, therefore, a right to be told on what grounds I have been overlooked, though I have absolutely no reservations about the selection of my friend, Justice K.S. Paripoornan.

C.J.I.:- Chief justice, you have a right to know what you desire to know.  My colleagues feel that you are “irreverent” to them.

U.L.B.:- (smiling). I never thought any Chief Justice of High Court, much less the Chief Justice of the High Court of area-wise the largest state (M.P. which included Chattisgarh also at the time) is expected to show “reverence” to my brother judges in the supreme court.  Respect, regard, affection, yes; reverence – no.  Would you elaborate on their grievance about me?  Or tell me how many of them expressed such a view.  I am sure the other members of the collegium would not have said so.

C.J.I.:- No, I would not like to elaborate.  I never suggested that you were required to show reverence to them.  I said they feel you have been irreverent to them. There is difference between the two ideas.

U.L.B.:- Chief, I am aware of the difference.  Yet I would like you to elaborate.

C.J.I.:- No, I would not like to elaborate.

U.L.B.:- Chief, Is that all you or your colleagues have against me?

C.J.I.:- No. My colleagues also feel that you are a person of strong views and you do not hesitate to express those views.

U.L.B.:- (Smiling broadly). Chief, it never occurred to me that in order to become your colleague on the Supreme CourtBench, one should have no views on anything in this universe, or if one has such views, one should successfully hide them!

C.J.I.:- Chief Justice, you are misrepresenting my words.

U.L.B.:- Sir, I have correctly understood the views you are attributing to your colleagues.  I would like to know your own views in the matter.

C.J.I.:- I would not like to say anything more on the subject.

U.L.B.:- Chief, I thank you most sincerely for the extraordinary courtesy you have shown in coming to the hospital and giving me this news.  Thank you for avoiding a situation where I read about it in the press.  Thank you once again.  The news saddens me.  I have good friends in several High Courts and Bars in several High Courts.  When the news is out, one by one, they will ring me up to find out why it happened.  Chief, you are possibly the only CJI to acquire a ‘hallow’ around your head.  People respect you, even revere you for what they think the moral qualities you possess.  My friends may even think that you found something deficient in my integrity, honesty, efficiency or effectiveness as a Judge or Chief Justice.  Now you have brought a sense of relief to me.  Now I can tell my enquiring friends the real reasons for my “supersession” as narrated by you.  None will take these reasons seriously.

C.J.I.:- (After a minute’s silence).  Chief justice, After the lapse of a few months, I will approach you for your consent for recommending you as Judge of the Supreme Court.  You must give your consent without any reservation.

U.L.B.:- (Smiling).Chief, that would not be possible.  There is a story in Kerala of an uncle beating a nephew for a misdemeanor and the boy shouting “uncle, no use beating me I will never improve”!  In the next few months, the two bad qualities you attribute to me are unlikely to disappear. I accept this judgment you have pronounced. Let it be. Please do not take up the issue, lest more colleagues of yours condemn me!  I do not like to be judged by your colleagues, who are, after all, my brother judges. 

C.J.I.:-   Chief Justice, you are to respect the advice of your chief justice.  We will see when the time comes.