Justice Rohinton Fali Nariman, the Supreme Court judge whom Chief Justice of India N.V. Ramana described as “one of the lions guarding the judicial institution”, said merit should be the predominant factor in judicial appointments.
Justice Nariman, who retired on Thursday, agreed with the Supreme Court Bar Association president, senior advocate Vikas Singh, that the time had come for more direct appointments to be made from the Bar to the Supreme Court Bench.
Justice Nariman himself was only the fifth lawyer in the court’s history to be directly appointed as apex court judge from the Supreme Court Bar.
The judge said nobody, according to him, should nurse a “legitimate” expectation from the Supreme Court to be made a judge. In fact, the only “legitimate expectation” should be that of the people to get quality justice from the Supreme Court.
“I believe there is a legitimate expectation in the people of India and the litigating public to get a certain quality of justice from this final court. For that, it is very clear, merit must predominate, subject of course to other factors. But merit always comes first,” Justice Nariman said in his address at the Supreme Court lawns.
Justice Nariman said lawyers should not hesitate when called to the Bench. They should give back to the institution after having “reaped” so much from it.
The judge, who delivered around 350 judgments and disposed of nearly 13,565 cases, recalled his tenure as the “most gruelling, difficult years of my life, though I certainly enjoyed writing judgments”.
“I have mixed feelings today as I leave this fantastic institution. Relief because there won’t be a pile of briefs waiting for me at 6 a.m. tomorrow. I can wake up tomorrow at six and do what an ordinary citizen does,” Justice Nariman said.
The judge, who the CJI said has left an “indelible mark on the jurisprudence of the country”, bid his farewell, saying, “God bless the Supreme Court, now and always.”
Chief Justice Ramana, in his address, said little is known about the sacrifices judges make or the hours they put in.
The CJI said there is a popular misconception that judges don’t work and only enjoy their holidays and perks.
On the contrary, Chief Justice Ramana said, judges burn the midnight oil or wake up early to read and study the piles of cases before them.
“When false narratives are created about the supposed easy life led by judges, it is difficult to swallow. We cannot defend ourselves. It is the duty of the Bar to refute these false narratives and to educate the public about the work put in by judges with the limited resources given to them,” Chief Justice Ramana said.
