The Higher Judiciary Loses its Aura and Majesty, Ranjan Gogoi | India News



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NEW DELHI: Chief Justice Ranjan Gogoi (CJI) on Thursday expressed his "apprehension" at the reluctance of young lawyers to become judges, explaining that the higher judiciary had "lost its aura and majesty".

The CJI stated that, as good judges, like Judge Kurian Joseph who had retired on Thursday, were going away, the College of the Supreme Court needed more substitutes for whom day after day they were looking for the good man.

"The good judges are going in. We need substitutes and that's what I want to share with the bar.I'm afraid.I'm worried.The youngest members of the bar do not want to become judges.

"One of the reasons is that the position of Superior Judge is losing its aura and majesty," said the CJI at the farewell to Judge Kurian pronounced by the Supreme Court Bar Association one judge.

The CJI stated that it is the aura and majesty of the superior judiciary that has attracted the talent of the bar, lawyers being willing to work hard and make sacrifices in terms of money.

He stated that the bar can help restore the aura by understanding and appreciating the compulsion and hard work, as well as the commitment of the judges.

"Your cooperation and understanding of the work of a judge can go a long way towards restoring the aura," he said.

Judge Kurian also stressed the need to encourage young lawyers to speak at the large meeting that was held during the event.

"The (deceased) judge against Malimath once said that I always remember that when young people argue in court and get good results, we must encourage them and express our gratitude to them. will encourage them, inspire them and help them to advance their lives, "he said.

Apart from that, Judge Kurian also briefly explained how unnecessary litigation "wastes" time, the need for compbadionate courts and judges and his pbadion for mediated settlement of disputes and arbitral awards.

On the impact of LIPs on time spent in court, Judge Kurian said: "I conclude that a large number of cases are being treated unnecessarily in the public interest. "

He said that people who make the law are also aware of the public interest, as well as public morality.

"They (legislators) are also aware of constitutional morality, let us admit that they have made the law in the general interest and keeping constitutional morality in mind.

"While interpreting the constitution by the court and laws enacted by legislators in terms of constitution, we should also admit that lawmakers also know the requirements of the constitution and the challenges that the Indian people have faced They know the pulse of the people better than the judges appointed by the courts, "he said.

He further stated that India was part of it despite its "diversity of culture, religion and philosophy" because of the Constitution, which is the common thread, and that the people who interpret the Constitution must keep in mind the diversity of the country. .

He declared that "the silence of lawyers can do more harm than the violence of the layman".

On the issue of constitutional compbadion, he said: "The compbadion of the courts is not the charity of a judge, but the overriding duty of a constitutional court. When you approach the issue of compbadionate appointment, the first thing to do is that the judges should have compbadion, unless the judges have compbadion, it is useless to interpret the compbadionate appointments act. "

About his years in justice, Judge Kurian said, "My conscience is clear, I can keep my head up, I have done my best, I may not be perfect, no one can be perfect. "

Pbadionate about court-badisted settlement and mediation, he explained that it was an attempt to reduce the courts' workload and added that mediated arbitration was another area in which he wished to work.

"Once you have settled a dispute, you avoid 10 disputes," he said.

Judge Kurian added that, in arbitration cases, 90% of the cases were for the enforcement of awards and suggested the option of an "arbitrated award" as a solution. to reduce the workload of judges.

"If it's a case that can be resolved, ask the court to refer it to mediation," he told lawyers.

Attorney General KK Venugopal and his leading lawyer, Vikas Singh, who is also president of the SCBA, praised his success at the court-badisted mediation at the conference.

Venugopal stated that Judge Kurian was one of the most pleasant and enjoyable judges that the Supreme Court had ever seen and that it was "wonderful" to accept no post no appointment after retirement.

The AG also stated that out of the 1,040 judgments handed down in the superior courts of which Judge Kurian was a member, he himself wrote 843 points, which is one of the 10 largest verdicts pronounced by a judge.

Singh's speech singled out Judge Kurian's efforts to mitigate the effects of the floods in Kerala, as well as his patience and dealings with the bar.

He also spoke about the work of Judge Kurian in a court-badisted mediation and added that the judge had offered his mediation and conciliation services after retirement.

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