Judiciary: The World Inside

INTRODUCTION TO JUDICIARY


As the third organ of the government, judiciary plays a very important role to maintain peace and
harmony in society. A structured system to create a check on the laws and regulations made by
the legislature and to adjudicate cases of violation of law brings a heavy responsibility on an
individual who aspires to become part of the judicial system. Becoming a judge does change the life
of a person as it requires discipline, honour and wisdom to do their job. The very first impression of
a judge is a highly intellectual person gifted with wisdom.


Presently, there are more than 59,000 cases pending in the Supreme Court, more than 44 lakh cases
in various high courts and over all around 3.5 Crore cases pending all over India. It is a question
always raised by the many that if the country has such a significant number of pending cases why
don’t we build more courts and hire more judges. Well, this is the point where this field gets
distinguished. It is necessarily required to select people with such knowledge that they impart
judgements in light of justice, wellbeing of the parties and upholding societal morals.

EXPECTATIONS FROM A JUDGE

This job does require a person with aspirations not to become rich but to become a GOOD JUDGE
who could be impartial, observant, patient enough to unfold the case and come to a decision.
Certainly, India needs more judges and courts, but they need to be qualified enough to be able to
serve the nation and its people in the best way possible.


A student aspiring to become a judge needs to possess distinguished skills. Major of those are:
Knowledge of law: The very basic thing that is required for a qualified judge is to know the law of
the land. For which, it becomes necessary for a person to hold a degree in law. You can’t just sit on
the bench and search for in the books about the things of importance when a case is going on.
Apparently, a judge is not a puppet who could be manipulated by advocates. 


Interpersonal skills: Judges need strong interpersonal skills to effectively oversee complex cases involving conflicting lawyers and powerful emotions among all concerned parties. They need to be
able to control a courtroom when a situation becomes intense, and they need to be able to make
tough decisions in such a way that their authority and fairness are respected even by those who may
be adversely affected by their rulings.

Self-awareness: Self-awareness here necessarily relates to one’s own prejudices. As a judge, you
may be responsible for a case with life-changing implications for an individual whom you might
personally find distasteful. For which a judge shall be impartial, amoral and emotionally unattached
while giving judgement and thereby not involve his personal bias or thinking to it. It is important
amongst the other characteristics as impartiality is not simply a trait in one’s character but a skill of
being able to recognise your own prejudice so you are not unduly swayed by them.


Disciplined life: A disciplined life is not just waking up early and sleeping at the time. It requires one’s
consistency and utmost perseverance in doing the work. Continuity and consistency are the
guidelines one must follow to lead such a life. After all, judicial services are not just a regular job but
a commitment you give to your nation on which people’s lives depend.

WHAT DOES JUDICIARY GIVES YOU IN RETURN

A judge who gives his whole and soul to this sacred job definitely has a lot in return. There are a lot
of perks which we can count on for a Judge.

SALARY OF THE JUDGES

Starting from Supreme Court Judge, according to section 12A(1) of  Salary and conditions of
service act, 1958  “There shall be paid to the Chief Justice of India, by way of salary, [two lakh
eighty thousand rupees per mensem]” and Section 12A(2)  “There shall be paid to a Judge of the
Supreme Court, by way of salary, [two lakh fifty thousand rupees per mensem]”. Talking about
there allowance, Housing Rent Allowance, Dearness Allowance, Travel Allowance, Educational
Allowance for their children, Electricity Bills, Phone Bills, Water Bills, Car / Vehicle facility,
Bungalow with personal security guards, Pension after retirement.


Coming to High court Judges, according to section 13A(1) of   Salary and conditions of service
act, 1954 “ There shall be paid to the Chief Justice of a High Court, by way of salary, Rupees 2,50,000”, and Section 13A (2) states “ There shall be paid to a Judge of a High Court, by way of salary. Just like Supreme court Judges High court judges enjoy the same kind of allowance. 
Lastly, if we talk about District court, According to 7th pay commission, the salary of District Judge
(Super time scale) is 2, 24, 100, District Judge (senior) is 1,44, 840. And talking about their allowance which includes
Housing rent allowance, Dearness Allowance, Travel Allowance, Partial Vehicle maintenance and
Pension after retirement. Unlike supreme court judge and high court judge, district court judges
don’t have a lump sum salary or allowance but it increases gradually with experience.

NATURE OF JOB 

Judges spend the bulk of their working hours in a courtroom or office. Some judges may be
required to travel to different courthouses and counties within their local area or state. Hearing cases
with difficult or confrontational individuals can cause the job to become stressful. Judges may work
evening hours and on the weekends. Additionally, they may need to be available at all hours in case
of the need for a search warrant or restraining order. Who doesn’t want to work hard for the country?
Ultimately, it gives you a sense of satisfaction and a moment to feel proud for helping a victim get
justice, saving the society from illegalities and serving the country for good. You have the authority
and your decisions will have an impact on the lives of the people. 


JUDICIARY IN COMPARISON TO OTHER FIELDS OF LAW

Most probably, when you are reading this article, you are at a stage where you are being fascinated
and simultaneously confused by a world filled with so many colours of law. It is definitely tough to
decide as to which field suits you the most. To streamline it a bit, Judiciary is all about honour,
respect, discipline and serving the nation. A person aspiring primarily to become rich should/would
prefer a corporate life. One most very categorically notes that the judicial service is definitely not
confined with the fascination of cracking one of the toughest exams. It is much more than that. It is
way beyond all the perks and allowances as mentioned before that comes with the service. Its
gravity stands a taller footing than just an exam that you might appear for due to peer or family
pressure, or to make yourself financially secure with the tag of a government officer shining bright
as a feather in your cap. 


EXPECTATIONS FROM THE FIELD IN FUTURE

Advocating for a diverse judiciary is the need of the hour because of the expanding role of the same
in governance and policymaking. It is well criticized that the parliament being the chief legislating
organ has not been successful in ensuring the Constitution’s broader goal of ‘controlled revolution’
which has led the judiciary to expand it’s a horizon to a larger mandate beyond adjudication.
Deficiency of India’s other representative organs forms a popular theory for the changing role of
Indian judiciary. Higher judiciary’s leap from an adjudicating organ to a welfare policy promoting
organ has made it all the more important to become a representative diverse organ. Expansion of the
scope of article 21 and the rise of public interest litigation (PIL) are two other significant reasons which
can be associated with the changing role of the Judiciary. Enforcement and recognition of
unenumerated rights through PILs can be cited in many cases, one being Vishaka v. State of
Rajasthan, where ‘government’s failure to enforce its own constitutional safeguards prompted the judiciary to intervene in the form of recognition and enforcement of unenumerated rights.  Presence of a woman judge in the above-mentioned PIL again strengthens the role of women in the changing role of the higher judiciary.

Therefore, at the core of the question – why there is a need for a more
diverse judiciary – lies the understanding of the fact as to what difference ‘gender’ brings in
decision making. This type of understanding is loosely associated with the nature and characteristics
of gender, which actually exists in the perception of people rather than in the gender itself. The
nature and characteristics of a woman in no way hamper or affects her decision-making skills as a
judge. The gender stereotypes of women being soft, extra-sensitive and vulnerable have not proved
to be sensible indicators in identifying women’s contribution in the judiciary. What difference then
gender diversity will bring remains to be a question to be observed in the long run. Till date,
scholars and judges have explained that women can provide a unique perspective or “different
voice” which is relevant in the present scenario when the earlier disenfranchised section is gradually
aiming to gain a dominant place in the profession.


Achieving equality for women judges, in terms of representation at all levels of the judiciary and on
policy-making judicial councils, should be our goal- not only because it is right for women, but also
because it is right for the achievement of a more just rule of law. Women judges are strengthening
the judiciary and helping to gain the public’s trust. Women judges contribute far more to justice than
improving its appearance: they also contribute significantly to the quality of decision-making, and
thus to the quality of justice itself. Women judges throughout the world have earned the necessary
credentials, gained accomplishments and otherwise met the standards for judicial selection.

Arpit Sanjar (Dharmashastra National Law University, Jabalpur)
Stuti Joseph (Christ Deemed to be University, Delhi NCR)