"Judgments should speak for themselves; when judges justify them in public, they run the risk of sounding like politicians."
The Hindu : Opinion / Lead : A case for judicial lockjaw: Justice Asok Kumar Ganguly, a judge of the Supreme Court, who retired recently, has, since leaving office, actively engaged with the media. As well as raising questions of individual propriety, it contains possible portents of the slowly changing nature of the Indian higher judiciary. His statements, especially to the extent they clarify and defend his judgment, raise deep questions regarding the proper role of judges in post-retirement public life.
The judge, after rendering judgment, becomes 'functus officio' and the judgment speaks for itself, is a long established principle in the Indian judicial system. Any engagement with the media by a judge in a judicial capacity, whether while holding office or post-retirement, fundamentally erodes the extent of the institutional detachment, which allows judges to be immune from the passions of popular sentiment and political machinations, thereby facilitating the independence of the judiciary as an institution.
Justice Ganguly's comments, unwarranted as they may have been, perhaps provide an early sign of the subtle transformation of the Supreme Court into an overtly political institution, owning up and reacting to the immense political ramifications of its actions. Equally, they raise deep questions regarding the interaction between judges and the media, arguably two of the most powerful pillars in Indian democracy today.
Supreme Court should issue official media summaries of important decisions. Not only will this facilitate wide comprehensibility of key judgments, but it will also ensure that judicial decisions are not wantonly misinterpreted. Most importantly, it will mean that judges, whether in office or speaking in their judicial capacity immediately post-retirement, will have an additional reason to remain lockjawed, allowing their judgment together with its officially authorised summary to do the talking.
The Hindu : Opinion / Lead : A case for judicial lockjaw: Justice Asok Kumar Ganguly, a judge of the Supreme Court, who retired recently, has, since leaving office, actively engaged with the media. As well as raising questions of individual propriety, it contains possible portents of the slowly changing nature of the Indian higher judiciary. His statements, especially to the extent they clarify and defend his judgment, raise deep questions regarding the proper role of judges in post-retirement public life.
The judge, after rendering judgment, becomes 'functus officio' and the judgment speaks for itself, is a long established principle in the Indian judicial system. Any engagement with the media by a judge in a judicial capacity, whether while holding office or post-retirement, fundamentally erodes the extent of the institutional detachment, which allows judges to be immune from the passions of popular sentiment and political machinations, thereby facilitating the independence of the judiciary as an institution.
Justice Ganguly's comments, unwarranted as they may have been, perhaps provide an early sign of the subtle transformation of the Supreme Court into an overtly political institution, owning up and reacting to the immense political ramifications of its actions. Equally, they raise deep questions regarding the interaction between judges and the media, arguably two of the most powerful pillars in Indian democracy today.
Supreme Court should issue official media summaries of important decisions. Not only will this facilitate wide comprehensibility of key judgments, but it will also ensure that judicial decisions are not wantonly misinterpreted. Most importantly, it will mean that judges, whether in office or speaking in their judicial capacity immediately post-retirement, will have an additional reason to remain lockjawed, allowing their judgment together with its officially authorised summary to do the talking.
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