Wednesday, 17 December 2014

We are a constitutional democracy. Our judges have a great constitutional responsibility and obligation towards the people.
Being a judge is a difficult and responsible job making intellectual and moral demands unlike most other.The Judges are unelected elites of professional experts. They exercise the authority of the state in public on issues of intense importance for the society and of the parties and often communicate or address the whole community at large. They decide these issues according to law, the bench mark approved by the society.It is never the same thing as per their personal preferences or current public opinion.
Indeed they have to set public opinion aside- apart. They have a duty to protect as per law even if it is against popular majority current opinion .
Judges do not seek popularity nor they should. Judges are not radical leaders nor social reformer nor leaders and never aspire for being called as an statesman. A judge is judge only for the office and for the period he is authorized by the constitution to be there and that too with a pre defined jurisdiction and never beyond that .
They do their work in a formal environment- framework approved by the state and society through a already defined and stipulated and approved procedure which is designed to achieve social justice as per the constitutional mandate. The entire mechanism having the legislative and executive acknowledgement and approval.
This sometimes make judges vulnerable to charges of being remote and out of touch,unaccessible.
The judicial branch, therefore ,does not represent any section of the society as do the legislature or executive.
There are tremendous expectations from Judges and Judiciary.

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