A Non-Performing Judiciary Can't Be Said To Be Independent : Justice JB Pardiwala, Supreme Court Judge

"We often talk of an independent judiciary- what do we mean by an independent judiciary? For a judiciary to be independent, it has to be a performing judiciary. A non-performing judiciary cannot be said to be independent. When I say performing judiciary, it means that every judge is free to decide matters before him in accordance with his assessment of the facts and his understanding of the law without any improper influences, inducements or pressures, direct or indirect, from any quarter or for whatever reason", said Justice J. B. Pardiwala on Thursday.He was speaking at a Full Court Farewell organised by the Gujarat High Court on June 23 on his elevation to the Supreme Court."It is said that a man is known by the company he gets. A nation is known by the judiciary it has. The worth of a nation is measured by its judiciary which is seen as the ultimate keeper of the nation's conscience. Ours is such a judiciary which ensures to the people of this nation that the freedoms which are there under the Constitution will never be taken away and that history should never repeat itself", expressed the judge.Continuing, he elaborated, "It can be said that the source of judicial power is the law, yet, in reality the effective exercise of the judicial power originates from two sources- externally, the source is the public acceptance of the authority of judiciary; and internally, and more importantly, the source is the integrity of the judiciary. The very existence of the justice delivery system depends on the judges who constitute the system. It is said that the life of law is justice and it is for the judge to breathe life into the law. But mere laws are not enough; men of character inspired by high ideals infuse life and spirit in the skeleton of law".Justice Pardiwala stated that the administration of justice is one of the most essential functions of the State- "Many, many years ago, Harold Laski, an English political theorist and economist, in his tribute to Justice Holmes, described the hallmarks of a great judge. The list is long but what I like the most is that 'a great Judge must be a great man...He must be statesman as well as jurist, thinker as well as lawyer. What he is doing is to shape the categories through which life must flow, and he must have a constant sense of the greatness of his task. He must know the hearts of men, and yet ask to be judged from the conscience of their minds. He must have a constant sense of essential power, and yet be capable of humility in its exercise. He must be the servant of justice and not of its master, the conscience of the community and not of its dominant interests'".He discussed that there are two basic roles of a judge in a democracy, and that too, in a very vibrant democracy like India- first, to uphold the Constitution and the rule of law; and secondly, to bridge the gap between the law and the society. "I shall feel my services have been amply rewarded if I have been able to carve out a place in your heart as a judge who was keen to do justice to the best of his abilities", he said.Justice Pardiwala stated that if there are three prime requisites for the rule of law, they are a strong bar, an independent judiciary and an enlightened public opinion- "There can indeed be no greater indication of the decay in the rule of law than a docile bar, a subservient judiciary and a society with a choked conscience"."Administration of justice is a very solemn duty and it demands wholehearted devotion. I believe that God alone is the true fountain of justice and judges are called upon to discharge the judicial functions as his agents. We are accountable to God for all that we do in the discharge of this function and therefore, it is necessary for us to do our best according to the light and wisdom given to us by Him. I have always felt that if we fail in doing justice to others, we shall not be entitled to claim justice for ourselves from God", he spoke.Justice Pardiwala opined that the success of democracy in our country depends substantially, if not wholly, on the success of the rule of law- "In a modern democratic State, the functions of the legislature, the executive and the judiciary are well defined and the spheres of their respective activities are well-established. The progress and stability of a modern democratic State depends upon the vision, the wisdom and the foresight of its legislature, the efficiency and incorruptibility of its executive and the independence, impartiality and integrity of its judiciary."Addressing the members of the bar, the judge reminded them that as lawyers, they don't only have a professional responsibility but a very definite social, ethical duty towards the society and towards the individual- "Just as a doctor has a sacred duty to preserve and prolong life, so has the lawyer the sacred duty to protect the physical, moral and intellectual integrity of the individual. The protection of the individual from either the State or other individuals ...

A Non-Performing Judiciary Can't Be Said To Be Independent : Justice JB Pardiwala, Supreme Court Judge

Mehal Jain

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