Judges are just as fallible as any other common man and should not be deified as gods, observed Chief Justice Rajiv Shakdher on Friday (Oct 18) while giving a farewell speech at the Himachal Pradesh High Court on the eve of his retirement from judgeship. Chief Justice Shakdher observed that judges do go horribly wrong sometimes and must take responsibility for their actions. He also took the opportunity to express his apologies if he has unintentionally hurt anyone during his tenure as a judge.
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Shimla: In a poignant farewell address at the Himachal Pradesh High Court on Friday, Chief Justice Rajiv Shakdher reflected on the nature of judges and their fallibility, marking the eve of his retirement. In his speech, he emphasized the importance of recognizing that judges, like all people, are prone to making mistakes and should not be elevated to a divine status.
“Judges are not gods. They are as fallible as any other common man on the street. They have feet of clay. In my view, judges should take responsibility for each of their actions… I think we should take responsibility for our actions,”
-Chief Justice Shakdher stated, underscoring the humanity and imperfection inherent in the judiciary.
He also addressed the fact that, despite the resources and support available to judges, including assistance from skilled legal counsel, errors are sometimes made. He reiterated that these mistakes, though unintentional, should not go unacknowledged.
“(Even) with all the wherewithal at our disposal, including assistance of learned counsel, Judges do err and sometimes go horribly wrong, although not intentionally,”
-he observed.
Justice Shakdher’s reflections extended beyond his own career to the broader judicial system. He invited those present to assess his performance over his 16 years as a sitting judge, while acknowledging the emotional highs and lows that come with such a demanding role.
“I started my journey as a judge in 2008. Today I have crossed over 16 years as a sitting judge. It has been an eventful and meaningful journey. At times, in some ways, a roller coaster ride. Did I do well? Did I stand true to my oath? – This is something for you all to evaluate,”
-he said.
Chief Justice Shakdher’s approach to his role was rooted in constitutional responsibility, rather than personal ideology, highlighting the need for impartiality in the judiciary.
“Judges have no agenda, their duties and powers are delegated by the Constitution. Judges have no ideology,”
-he asserted.
He also shared his views on the adversarial system of justice, which is prevalent in India and many other countries, expressing a preference for this system over the inquisitorial approach used in other judicial frameworks.
Justice Shakdher praised the adversarial model for fostering collaboration between the bench and the bar, leading to judgments that reflect a higher quality of legal reasoning.
“It (adversarial system) allows for iteration of facts, law, and thought. The product that emerges in the form of a judgment is of high quality because it is a collaborative effort of the bench and the bar. The beauty of an adversarial system is that it offers an opportunity to see the law being forged, it gives an opportunity to see law in its raw form,”
-he remarked.
As he concluded his farewell speech, Chief Justice Shakdher expressed deep gratitude for the opportunity to serve the people of Himachal Pradesh. He reflected on the unique and diverse culture of the state, noting the distinctive customs, rituals, and dialects found in each district.
He remarked,
“I demit this office with a sense of satisfaction that I did what I thought was right according to my conscience, the oath that I took when I first joined the bench, and the expectations of my well-wishers.”
In closing, Justice Shakdher thanked his colleagues and expressed his excitement about returning to his original profession as a lawyer.
“As I bid adieu to the Bench, I am filled with exaltation that I am going back to my mother fold, i.e., the bar,”
-he said.
Justice Shakdher’s career in law began after he obtained his LLB degree from the University of Delhi’s Faculty of Law in 1987. He was admitted to the bar that same year on November 19.
After being designated as a Senior Advocate in 2006, he was appointed as an additional judge of the Delhi High Court in 2008 and became a permanent judge in 2011.
His judicial service took him to the Madras High Court in 2016 before he returned to Delhi High Court two years later.
Most recently, he was appointed Chief Justice of the Himachal Pradesh High Court on September 21 this year.
Justice Shakdher’s thoughtful and heartfelt farewell speech reflects his commitment to the rule of law, his belief in the responsibility of the judiciary, and his respect for the people he served.
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