Justice Shekhar Yadav's Controversial Speech Undermines the Position of a Judge
3 months, 2 weeks ago

Justice Shekhar Yadav's Controversial Speech Undermines the Position of a Judge

The Quint  

In a democracy, the judiciary is expected to remain steadfastly apolitical, ensuring that it is viewed as an independent arbiter of justice. Justice Yadav’s remarks blur the critical line of separation between the judicial and political spheres, jeopardising the delicate balance upon which the faith of citizens in the judiciary rests. Every judge who takes an oath before the Constitution of India is expected to discharge their duties in accordance with the governing principles of the Constitution. The Third Schedule of the Indian Constitution provides the oath for High Court judges, which includes the affirmation to “faithfully and to the best of my ability, knowledge, and judgment perform the duties of my office without fear or favor, affection or ill will and uphold the Constitution and the laws.” In the judgment of Daya Shankar vs High Court of Allahabad, the Supreme Court rightly observed that judicial officers cannot have one standard in court and another outside it. They “must have only one standard of rectitude, honesty, and integrity.” Similarly, in Tarak Singh vs Jyoti Basu, the court emphasised that integrity is the hallmark of judicial discipline – and that while ambition is not inherently wrong, it should never compromise a judge’s divine judicial duty.

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