Knocking those doors of the Temples of Justice should have ordinarily been
one's last resort. Unfortunately in Goa it has become the first stop. The
spurt in the number of Government decisions being challenged in the Courts
is a sign that the wheels of governance are not moving in accordance with
law.
With so many faulty government decisions and a state of utter mal
administration the judiciary has to play a very crucial role in delivering
justice. In times where money and muscle power is solely determining the
heights our Politicians can peak, the task of the Judiciary becomes all the
more pertinent, crucial and vital.
All decisions in a democracy should be reached at after a proper and fair
public consultative process but this is sadly not been happening. On
account of this we are rightly witnessing people up in arms on various
issues across the State.
It is incumbent on the Law department and the Advocate General to render
tenable legal advice to those in Power and never succumb to partake with
any politically tailored unsound legal opinion.
To ensure that the Justice delivery system always functions within the
constitutional framework, it is imperative that the politicians should have
no direct or indirect role whatsoever in the selection, promotion and
posting of Judges.
Judges should judge every case strictly on merit and never be swayed by any
other consideration. A good judge has to be extremely fair and must always
uphold the rule of law. Justice has to be dispensed with proper application
of mind, cautiously yet promptly.
Accepting the position of a Judge is a very big challenge. One has to
sacrifice one's personal liberty to a great extent. As justice has to be
meted out all through the ladders of the Judiciary even at the grass roots,
it is very essential that persons with sound knowledge of law be selected
for this noble job even at the entry level at the lower Judiciary. Only
persons with good knowledge of law and with a sound insight to interpret
and dispense it must shoulder the responsibility as Judges.
This noble task may not be monetarily satisfying but it must definitely
give one the mental satisfaction of having done a righteous job. The
pecuniary benefits of the judicial officers must be enhanced so that the
Judiciary attracts nothing less than the best and the brightest.
Over the years we have witnessed some extremely good judges. We have also
seen some from the other end of the spectrum and on them less said the
better.
Judges should be ready to fearlessly take on the government for any of its
illegal actions. Judges should be also consistent in the way they dispense
justice.
The bedrock of our democracy is the rule of law and an independent
judiciary, which is truly independent. A virtuous judiciary that is
accountable to uphold the law at all times.
Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006
Mobile No: 9822684372
Office Tel No: (0832) 2444012
Email: airesrodrigu...@gmail.com
Or
airesrodrig...@yahoo.com
You can also reach me on
Facebook.com/ AiresRodrigues
Twitter@rodrigues_aires
www.airesrodrigues.com
