During the eastern zone judicial conference at the National Judicial Academy in Kolkata, Supreme Court Justice Bhushan R Gavai made startling observations about certain practices among high court judges that he finds concerning. Justice Gavai, who is part of the Supreme Court Collegium responsible for selecting judges, criticized several aspects of judicial conduct that he believes undermine the dignity and efficiency of the judiciary.
He highlighted instances where some high court judges reportedly work for only one hour daily, despite the stipulated six hours of judicial work. Justice Gavai expressed shock over delays in court proceedings, noting instances where judges arrive late and leave early, significantly reducing their court time. He emphasized the importance of judicial punctuality and adherence to designated court hours to maintain the credibility of the judicial process.
Addressing behavioral issues, Justice Gavai condemned instances of judges mistreating lawyers, stating that such behavior diminishes the dignity of the judicial institution. He stressed the equal partnership between judges and lawyers in administering justice and cautioned against any conduct that undermines this partnership.
Another area of concern Justice Gavai highlighted was the arbitrary summoning of government officials by judges, which he criticized as disruptive to administrative duties unless absolutely necessary. He urged judges to exercise restraint and considerate judgment when issuing such directives.
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Regarding judicial discipline, Justice Gavai cautioned against judges making decisions that contradict established legal precedents, emphasizing that such actions harm the reputation and integrity of the judiciary. He underscored the importance of maintaining judicial fraternity and discipline to uphold the sanctity of legal judgments.
In a candid reflection on judicial appointments, Justice Gavai expressed dismay over judges lobbying for elevation to the Supreme Court, noting that such actions undermine the merit-based selection process of the Collegium. He emphasized the need for judges to focus on their judicial duties and uphold discipline rather than engage in lobbying activities.
Turning to the judicial process itself, Justice Gavai urged judges to deliver judgments promptly and in clear, understandable language for litigants. He stressed the judiciary’s role in maintaining impartiality and remaining unaffected by external influences, including social media commentary and public sentiment.
On the broader issue of cooperative federalism, Justice Gavai acknowledged the challenges and conflicts inherent in the distribution of powers between the Union and the States. He highlighted the judiciary’s pivotal role in resolving these conflicts in accordance with constitutional principles, ensuring harmony and effective governance across the country.
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