. How many of Indian SC and HC Judges can recite Constitution instantly ? . The Constitution of India is Srimad Bhagawad Gita, Bible, Guru Granth Sahib, Quran, Zend Avasta & all of Independent Secular Democratic India. If a talent test is conducted at a time in One Seminar Hall for all Judges of Indian Higher Judiciary “How many Judges of the Supreme Court of India and of High Courts can instantly and spontaneously recite and reproduce each and every provision of the Constitution of India from Preamble up to Repeals, Schedules - letter by letter,text by text, interpetations, as it is ? “, . The Supreme Court of India and High Courts are New Legal Temples of Justice in Democratic India; Judges are Deities; Advocates are Priests; Litigants are Devotees. Can Judges of all these Courts remember by heart to recite without seeing Books each & every provisions of The Constitution of India, Indian Penal Code, Code of Criminal Procedure, Code of Civil Procedure, Evidence Act etc., as Priests of Mandir, Maszid and Church ? . Legendary Jurists like VR. Krishna Iyer and all Judges up to early 1980s applied all relevant laws on a few lines of grievance received by post card or brief letter from victims of remote areas in North-Eastern States, also. Earlier Judges and Jurists know the Laws by Heart. They used to recite, reproduce the legal provisions, as it is, even in Sleep, . But, now Judges used to put a casual query “ Under What Law ? “ even though it is clearly mentioned in pleadings. At Higher Level of Adjudicative Mechanism, application of relevant Law is the duty of the Courts and the Judge presiding over the Bench; duty of an advocate is to present facts of his case, grievances of the party and prays for reliefs sought for, . But now Advocates are doing everything with spoon feeding to the Courts; to struggle to explain line by line with applicable provisions of laws only to face a routine question from Bench “ So what ?” enabling the arguing counsel to know mind of the Judge in that particular case, at that point of time. Normally, a well seasoned senior advocate immediately seek adjournment on one reason or the other to save the case from that kind of adversarial moment; to test fate & fortune of case on another day.Court Craft and Professional art-craft are different from vast legal knowledge.
Posted on: Sat, 30 Aug 2014 07:50:53 +0000
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