Judicial Discipline

Judicial Discipline

see Judicial Process, Judicial Review, Judicial Discipline

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“Judicial discipline requires promptness in delivery of judgments - an aspect repeatedly emphasized by this Court. The problem is compounded where the result is known but not the reasons. This deprives any aggrieved party of the opportunity to seek further judicial redressal in the next tier of judicial scrutiny.”

Sanjay Kishan Kaul, J.

1. Delay in delivery of judgments is a violation of Article 21 of the Constitution of India

Constitution of India, Article 21 – Judicial discipline - Delay in delivery of judgments is a violation of Article 21 of the Constitution of India and the problem gets aggravated when the operative portion is made available early and the reasons follow much later - The aggrieved party being prejudiced by the impugned order is unable to avail of the legal remedy of approaching this Court where reasons can be scrutinized - It really amounts to defeating the rights of the appellant to challenge the impugned order on merits and even the succeeding party is unable to obtain the fruits of success of the litigation - Matter to be reheard to be taken up by a Bench not consisting of the Members who constituted the Bench earlier. 2020 SCeJ 1952

2. Single bench can not pass comment on order passed by Division bench

Division Bench - Passed formal orders that appeals be heard by single Bench - Single Bench is not to comment upon reservation - Court is bound to follow judicial discipline. (159) PLRD 11 (Del.)

3. Simply Supreme Court judgment mentioned as a citation and nothing more

Trial court did not give any reason as to why he did not follow the Supreme Court judgment

Judicial Discipline – We find from the impugned order passed by the trial court that without giving any reason as to why he did not follow the said Supreme Court judgment, he simply mentioned it as a citation and nothing more - We think he had breached the judicial discipline and in particular with reference to the judgment of the Supreme Court. (194) PLR 52

4. Judicial discipline mandates that court follow the binding judgments of the Division Bench

Judicial discipline mandates that court follow the binding judgments of the Division Bench - When such binding precedents are available, Court is not incapacitated from following them or in considering and disposing of this writ petition in tune with the declaration of law above solely because an SLP is pending against another judgment, particularly when the Hon'ble Court has granted no stay of any judgment of any High Court expressing views on the issue herein either way. (193) PLRIJ 4 (Ker.)

5. Sanctity of Roster

Punjab and Haryana High Court - Sanctity of Roster - Judicial discipline demanded that on having come to a conclusion that the petition must proceed being akin to a Public Interest Litigation, the same should have been directed to be placed before the appropriate Bench as per Roster and it was not for the learned Single Judge to give his opinion in the matter - Such an opinion is effectively by a Judge who is a ‘coram non-judice’. (173) PLR 347

see also: Roster

6. Judicial Discipline - When a petition is dismissed on grounds of delay and laches, merits of the case are not to be visited

Judicial Discipline - Normally, when a writ petition is dismissed on grounds of delay and laches, merits of the case are not to be visited for the basic principle that a right may continue to exist but the remedy is extinguished. (197) PLR 510

Resjudicata – Writ petition was dismissed on the ground of the delay and laches – Review application confirms that no liberty was granted to file a fresh petition on the same cause of action – Petition is barred by the principle of res judicata and it would be farcical exercise to decide the matter on merits as the earlier petition for the same cause of action has been dismissed on the ground of delay and laches - That order has attained finality - Normally, when a writ petition is dismissed on grounds of delay and laches, merits of the case are not to be visited for the basic principle that a right may continue to exist but the remedy is extinguished - Unreasonable delay and laches by inactivity in a writ petition and the relentless bar of limitation for a suit stand almost on the same footing although the constitutional court has no such fetters like the civil court and for it, it is a rule of prudence or a self imposed limitation and judicial discipline not to interfere belatedly in a case – Constitution of India, Article 226. (197) PLR 510

8. Judicial discipline not to interfere belatedly in a case where there is Unreasonable delay and laches

Judicial Discipline - Unreasonable delay and laches by inactivity in a writ petition and the relentless bar of limitation for a suit stand almost on the same footing although the constitutional court has no such fetters like the civil court and for it, it is a rule of prudence or a self imposed limitation and judicial discipline not to interfere belatedly in a case – Constitution of India, Article 226. (197) PLR 510

9. Guidelines regarding the pronouncement of judgments

Normally the judgment is expected within two months of the conclusion of the arguments, and on expiry of three months any of the parties can file an application in the High Court with prayer for early judgment. If, for any reason, no judgment is pronounced for six months, any of the parties is entitled to move an application before the then Chief Justice of the High Court with a prayer to re-assign the case before another Bench for fresh arguments, Anil Rai v. State of Bihar - 2001 (7) SCC 318. (Read here)

10. If after hearing the arguments, a judgment cannot be delivered on the same date or immediately thereafter, the judgment ought to have been at least reserved to facilitate the Judge to pen down the order

Judicial Discipline - Pronouncement of final orders without reasoned judgments – Judicial discipline requires promptness in delivery of judgments – If after hearing the arguments, a judgment cannot be delivered on the same date or immediately thereafter, the judgment ought to have been at least reserved to facilitate the Judge to pen down the order - Result of not doing so is that the aggrieved party, is unable to avail of the legal remedy.#2020 SCeJ 2259 (read here)

11. Right of speedy trial to be part of Article 21 of the Constitution of India

In Bhagwandas Fatechand Daswani and Others Vs. HPA International and Others, AIR 2000 SC 775 : (2000) 2 SCC 13 : , Supreme Court observed that "a long delay in delivering the judgment gives rise to unnecessary speculation in the minds of parties to case".

Hussainara Khatoon and Others Vs. Home Secretary, State of Bihar, Patna, AIR 1979 SC 1369 : (1979) CriLJ 1045 : (1980) 1 SCC 98 ; R.S. Nayak Vs. A.R. Antulay and Others, (1991) 6 JT 479 : (1992) 1 SCC 279, Kartar Singh v. State of Punjab 1994 (3) SCC 569 ; Raj Deo Sharma Vs. The State of Bihar, ; AIR 1999 SC 3524 and Smt. Akhtari Bi Vs. State of M.P. AIR 2001 SC 1528 , , has in unambiguous terms, held that "the right of speedy trial to be part of Article 21 of the Constitution of India."

see also : Right to Speedy Trial - - Article 21

12. Unreasonable delay between hearing of arguments and delivery of judgment, is highly undesirable even when written arguments are submitted.

The Civil Procedure Code does not provide a time limit for the period between the hearing of arguments and the delivery of a judgment. Nevertheless, we think that an unreasonable delay between hearing of arguments and delivery of a judgment, unless explained by exceptional or extraordinary circumstances, is highly undesirable even when written arguments are submitted. It is not unlikely that some points which the litigant considers important may have escaped notice. But, what is more important is the litigants must have complete confidence in the results of litigation. This confidence tends to be shaken if there is excessive delay between hearing of arguments and delivery of judgments. Justice, as we have often observed, must not only be done but must manifestly appear to be done . 1976 SCej 001 (Read here)