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Reading Justice Mahesh Chandra Sharma’s recent judgment, one knows not whether to laugh or cry. It is certainly a first in judicial history.
Justice Sharma’s order in the Hingonia Gaushala (cow shelter) Case, where the honourable judge of the Rajasthan High Court has requested that cow be made India’s national animal, sadly goes against the principle of judicial neutrality.
A judge on his appointment takes an oath:
This obligation is a non-negotiable one.
We, as a society, place a very high value on the independence of the judiciary. But independence from whom and for what? Independence from the executive and the political program and ideology of all political parties, including the ruling party.
This independence is required in order to maintain the rule of law and equality before law, implicit in Article 14, which reads thus:
The State here includes the judiciary. It is argued that he has breached his oath of office.
The judge in question forgot one of the basic features of the Constitution – secularism. This Constitution was written for us all, agnostics and those who belong to different religions alike. That is the true meaning of maintaining independence.
Justice Sharma, however, has retired, and with this a possible opportunity to impeach him for breach of his Oath is lost. But perhaps in the style of Justice Karnan, he could be convicted of contempt of his own court, and his pension withheld.
There is no point in closing the stable doors after the horse has bolted. Or shall I end by saying after the cow has bolted?
At times like this, the Chief Justice of India, who is the ‘head’ of the judicial family, must issue a policy statement on the manner and method of writing judgments, to make judicial policy clear. Nothing but the Constitution can be used to render judgments. The judiciary too must bear responsibility for its own.
They can also direct the Attorney General to file an appeal. After all, let us not forget that the recently concluded triple talaq case was initiated suo moto by the judiciary, if women need to be protected, so do cows and peacocks from judges.
(The writer is a former Additional Solicitor General of India. She can be reached at @IJaising)
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Published: 01 Jun 2017,10:46 PM IST