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Higher judiciary is losing its aura and majesty: CJI

Higher judiciary is losing its aura and majesty: CJI

New Delhi: Chief Justice of India (CJI) Ranjan Gogoi on Thursday expressed "apprehension" over young lawyers' unwillingness to become judges, saying one reason was that the higher judiciary was "losing its aura and majesty".

The CJI said that as good judges, like Justice Kurian Joseph who retired on Thursday, are going away, there was need for more replacements for which the Supreme Court collegium has been working day in and day out to find the right man. "Good judges are going away. We need replacements and this is what I want to share with the bar. I am afraid. I am apprehensive. The younger lot in the bar are not willing to become judges.

"One of the reasons is that the office of a judge in the higher judiciary is losing its aura and majesty," the CJI said at the farewell to Justice Kurian by the Supreme Court Bar Association (SCBA) on his last day as a judge.

The CJI said that it was the aura and majesty of the higher judiciary that attracted the talent of the Bar as lawyers were willing to work hard and make sacrifices in terms of money.

He said the Bar can help restore the aura by understanding and appreciating the compulsion and hardwork as well as the commitment of the judges.

"Your cooperation and understanding of the work of a judge can go a long way in restoring the aura back," he said. Justice Kurian also stressed on the need to encourage young lawyers while addressing the huge gathering at the event.

"Justice (late) V S Malimath once said to me and which I always remember is that when youngsters are arguing before the court and are performing well, we must encourage them and extend our appreciation. It will give them encouragement, inspiration and help in taking their life forward," he said.

Apart from that, Justice Kurian also spoke briefly on how unnecessary litigation was "killing" judicial time, the need for compassion to be shown by courts and judges and his passion for mediated settlement of disputes and arbitration awards. On the impact of PILs on judicial time, Justice Kurian said, "I find that a vast number of the cases are unnecessarily entertained as in the public interest." He said that people who make law are also aware of the public interest as they are also conscious of the public morality. "They (lawmakers) are also in the knowledge of the constitutional morality. Let us concede to them that they have made the law in the public interest and keeping in mind constitutional morality.

"While interpreting the constitution by the court and the laws made by the lawmakers in terms of the constitution, we should also concede that people who have made law also know the requirements under the constitution and the challenges that the people of India had to face...," he said.

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