Impartial, Aloof and Sober as a Judge

The Hindu     28th August 2020     Save    

Context: In the light of recent Prashant Bhushan Case related to contempt of court, the judges are required to adhere to a long-held quality of a judge, i.e. Sobriety in order to retain respect and public confidence.

Qualities of a judge

  • Integrity: In all its aspects, including intellectual and impartiality.
  • Sobriety and avoiding  flamboyance: Sobriety denotes balance and connotes a desire to shun the limelight while flamboyance is a desire  to attract attention 
  • For, E.g. in Prashant Bhushan case as Supreme court opined that any comment on the photograph of the CJI could not attract contempt, since it is a personal allegation.
  • Curbing Enthusiasm:  Lawyers on elevation to the bench have to curb their enthusiasm, change some habits and become sober in their conduct.
  • Shunning the Limelight: Judges also maintained a tradition of aloofness.
  • This aloofness was weakened since they seek to be equated with executive officers and politicians.
  • Official cars with sirens and red lights were symptomatic of the changing mores.
  • Traditionally they confined themselves to their judicial work and only spoke through their judgments, without being involved in political or public controversies.

Conclusion: Judges of the superior courts must ponder deeply the old norms that earned them respect and public confidence, and pursue them.