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Court Judgements Needed for an Orderly Society, But Judges Sometimes Err

In all democratic countries, there is the rule of law, and judges are supposed to deliver judgments while keeping the rule of law and constitution in mind.

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[Photo: Nils/ Unsplash]

In all democratic countries, including the USA and India, the judiciary has become a decisive and powerful entity, often influencing events more than the government by overturning government decisions. Some discerning observers believe that the boundaries of judicial power are blurred and unclear. In democratic countries, although elected representatives (politicians) govern, people see the judiciary as the necessary option for resolving disputes, as the credibility of politicians has often come under scrutiny.

There cannot be a scenario without a judiciary in any country. The absence of the judiciary is unimaginable; otherwise, disputes would have to be settled through force and violence between individuals or groups. In other words, the existence of the judiciary is seen as a precondition for ensuring an orderly society.

Judges Cannot Please All

When individuals or groups approach the judiciary with disputes and seek judgment, it is inevitable that one party will receive a favorable judgment while another party will receive an unfavorable judgment. The positions of judges are unenviable, as they cannot please everyone.

Judges Often Differ

In all democratic countries, there is the rule of law, and judges are supposed to deliver judgments while keeping the rule of law and constitution in mind. However, in practical circumstances, judges have to consider disputes holistically, taking into account ground realities and ensuring fairness. This often leads to differing perspectives and judgments among judges.

As a result, several court judgments are viewed with misgivings by one section of the population or the other. Some believe that the selection process for judges is not transparent and foolproof. Additionally, there is a view that not all judges may be incorruptible, as evidenced by some judges being caught on corruption charges.

How People View

In such circumstances, it becomes difficult to anticipate judgments by judges and which side the judgment will favor. Some judgments have caused considerable shock and surprise among the people.

Such Scenarios Prevail Worldwide

In US courts, numerous cases are being heard regarding the activities of former US President Donald Trump, who is seeking re-election. Judgments in different courts on cases related to Trump have varied, confusing people about which judgment is appropriate.

In British courts, cases involving the activities of a few Indians who fled to Britain to evade charges in India, such as tax evasion and money laundering, are being heard. Many in India wonder why British judges are allowing prolonged hearings for such cases.

In India, the arrest of a state chief minister by the Enforcement Directorate led to the Supreme Court granting bail to the chief minister so he could campaign during parliamentary elections. This decision surprised many observers.

No Alternative System

In any case, there is no alternative to seeking court judgments to settle disputes. Whether one agrees with the judgment or not, judgments must be accepted at face value. This is the reality on the ground.

N.S.Venkataraman

N. S. Venkataraman is a trustee with the "Nandini Voice for the Deprived," a not-for-profit organization that aims to highlight the problems of downtrodden and deprived people and support their cause and to promote probity and ethical values in private and public life and to deliberate on socio-economic issues in a dispassionate and objective manner.

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