Category: Book Review
Paper Code: BR-IM-02
Page Number: 488 - 489
Date of Publication: February 10, 2021
Citation: Ishan Mishra, Book Review on Judiciary, Judges and Administration of Justice, 1, AIJACLA, 488, 488-489, (2021).
Details Of Author(s):
Ishan Mishra, Student, ICFAI University, Dehradun
In this book J. R Banumati has dealt with many imperative aspects and issues which have bothered the Judiciary, judges, and administration of justice. All such impediments and how do they affect the judiciary are dealt with by the author in great detail as well as how law and principles of equity can be used as efficient tools to overcome such hindrances causing grave injustice to the general public. The author throws light in the first part of the book on precept and postulates directly related to the Indian judiciary. Part I contains a discussion on independence, public trust and rectitude of judgeship, impartiality, judicial accountability, and many other but crucial issues of today. The most enthralling point of this part is how the author has referred to findings of foreign judges and legal luminaries and connected their research to problems faced by the Indian judiciary. Under this book not only issues are discussed but also remedies which our courts can take to finally settle them. For instance issue of docket explosion is not only dealt with but also J. Banumathi writes what steps Apex court has taken and what others are left to be implemented to resolve huge pendency of suits. In part II she writes about the E-Courts project and its communication and technology enablement of court and right to information act,2005. She has referred to these concepts as an effective remedy to reduce the pendency of suits. In part III of the book commenting on the conduct of judges outside/inside the court she quotes Justice Benjamin Cardozo in the following words “ The judge even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight errant roaming at will in pursuit of his good ideal of beauty or goodness. He is to draw inspiration from consecrated principles. He is not to yield to spasmodic sentiment to vague and unregulated benevolence. He is to exercise a discretion informed by tradition methodized by analogy, disciplined by system and subordinated to the primordial necessity of order in the social life.” By quoting Cardozo she wants to articulate that the office of a judge is not mere employment in the ordinary sense of the term. The function of a judge must be one dedicated to the administration of justice and not aimed with the desire for popularity. Under this part author enunciates the rectitude of a judge irrelevant of his place of sitting. Concluding my review this book epitomizes immense experience J. Banumathi has gained over many decades on the bench. This book is thoroughly enjoyable, intensely informative, and would serve as a concise introductory on the judiciary and its functioning in India. The main theme which runs across is the responsibilities and duties of a judge and a firsthand account of what it is to lead a life of a judge.