" Oath of a Judge _ analysed
"
" Oath of a Judge _ analysed
"
Oath
of a Judge
_ Analysed
Every
word and expression employed in the oath of a judge is potent with a message.
The message has to be demystified by reading between the lines and
looking beyond what meets the eyes.
An
option to swear in the name of God or to make a solemn affirmation is suggestive
of secular character of the oath.
A
judge must bear not only faith but ‘true faith’ and ‘allegiance’ to the
Constitution of India. The oath
demands of a judge not only belief in constitutional principles but a loyalty
and a devotion akin to complete surrender to the constitutional beliefs.
Why ?
“Under
our constitutional scheme, the judiciary has been assigned the onerous task of
safeguarding the fundamental rights of our citizens and of upholding the rule of
law. Since the Courts are entrusted
the duty to uphold the Constitution and the laws, it very often comes in
conflict with the State when it tries to enforce its orders by exacting
obedience from recalcitrant or indifferent State agencies.
Therefore, the need for an independent and impartial judiciary manned by
persons of sterling quality and character, undaunting courage and determination
and resolute impartiality and independence who would dispense justice without
fear or favour, ill-will or affection. Justice
without fear or favour, ill-will or affection, is the cardinal creed of our
Constitution and a solemn assurance of every Judge to the people of this great
country ……. an independent and impartial judiciary is the most essential
characteristic of a free society.“
The arch of the Constitution of India pregnant from its Preamble, Chapter III
(Fundamental Rights) and Chapter IV
(Directive Principles) is to establish an egalitarian social order guaranteeing
fundamental freedoms and to secure justice __
social, economic and political __
to every citizen through rule of law. Existing
social inequalities need to be removed and equality in fact is accorded to all
people irrespective of caste, creed, sex, religion or region subject to
protective discrimination only through rule of law.
The Judge cannot retain his earlier passive judicial role when he
administers the law under the
Constitution to give effect to the constitutional ideals.
The extraordinary complexity of modern litigation requires him not merely
to declare the rights to citizens but also to mould the relief warranted under
given facts and circumstances and often command the executive and other agencies
to enforce and give effect to the order, writ or direction or prohibit them to
do unconstitutional acts. In
this ongoing complex of adjudicatory process, the role of the Judge is not
merely to interpret the law but also to lay new norms of law and to mould the
law to suit the changing social and economic scenario to make the ideals
enshrined in the Constitution meaningful and a reality.
The
sovereignty and integrity of India has to be upheld.
Constitution itself would cease to exist, if, God forbid, the sovereignty
and integrity of India were lost.
The
duties associated with the Office of a judge are too sacrosanct and hence demand
the judicial functioning with
‘the best of ability, knowledge and judgment’ of the judges. It is not
enough to be a law graduate or to have put in a number of years of practice or
to have gained experience by serving as a judicial
officer for a specified number of years. Their ability and knowledge
associated with the clarity of purpose and methods which the judges display
enables the judicial system to perform to its optimum efficiency.
The role of the judge obligates him to continue to invest in up-dating
his knowledge of law and skills of justice dispensation.
The holder of the Office if not
able and knowledgeable would not have the confidence to function, much less with
independence. It is said :
Strange,
how much you’ve got to know;
Before
you know, how little you know.
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