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During the course of last more than 60 years, one does not know, how many cases may have been withdrawn.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.