DailyPost 2971
TUTORIAL JUDGEMENTS
Discussing judgements more so by the influencers becomes an important task if you are out to judge the judges, whose main job is to judge everything that is brought to their legal purview.When the head of the judicial administration of our country passes on the baton, it becomes all the more relevant. This is precisely one of such times. Judges in higher echelons of the judiciary make a late entry into the organisation, compared to a variety of other professionals. What is the nature of training imparted at that level, to make the de-facto judicial process and output (judgement) as objective and empirical as it can be, notwithstanding the fact that some aberrations might happen in good faith, in the colour of office, while dispensing justice.
Are judgements formatted in a manner that is cogent, short, not missing out on the core points, the gist of the trail both by way of documents, statements and oral remarks of the presiding officer,evaluating evidence and finally the order. The judicial order should have the action points for the closure of the case; a legal exposition of what action needs to be taken in the best interest of justice. Can the judge err on the well established core laws of the country or any process well established by law to dispose of a case. The procedure has immense sanctity. We talk of different styles of judges, which can mean huge differences, while dispensing justice under the same law and procedure. What is the quantum of judicial liberty / discretion a judge has?
The final order at the end of the long judgements is the decision and remedial / correctional action. It can be treated as points to be decided upon, action dictated and the case closed technically once and for all, more so if it is the Supreme Court of India. Having endless variants of judges and judgements does not augur well for the nation. Non-closure cannot be a logical end to any case. In this context, I have coined the term ‘Tutorial Judgements’. Students of liberal arts would be familiar with writing tutorials, with immense study and guidance, evolving logically, but the conclusion is just an ideal summation, maybe stating the student’s view.
A judgement is not an academic exercise. It is formatted in law with a specific purpose and that purpose has to be achieved fully, forcefully and comprehensively. Justice not only needs to be done in real terms and it should also seem to be done. The judgments ending the manner of tutorials are known as ‘Tutorial Judgements.’ In simple terms, the tutorial serves the purpose for which it was meant, these types of judgments fail in the very same purpose. It is bad in law. Even after the final judgement the case is left midway. Opinion and no action. What do you do with the opinion? If something is declared illegal or criminal or unconstitutional, then what next? No penal action. The status quo remains the same, might be in some cases it would foreclose, such things happening again as a part of the same transaction.
CAN JUDICIAL PROCESS AND JUDGEMENT BE BROUGHT DOWN TO AN ACADEMIC EXERCISE, AT BEST ENDING IN A PAPER INDICTMENT.
Sanjay Sahay
Have a nice evening.