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ENHANCING OBJECTIVITY AND IMPARTIALITY ROLE OF JUDICIAL REASONING AND RATIONALITY. ____________ JUSTICE VVS.RAO. CHARECTERISTICS OF JUDICIARY. Indifference Independence Impartiality. INDEPENDENCE OF JUDICIARY. 1. It is a dynamic and social institution;
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ENHANCING OBJECTIVITY AND IMPARTIALITY ROLE OF JUDICIAL REASONING AND RATIONALITY ____________ JUSTICE VVS.RAO
CHARECTERISTICS OF JUDICIARY Indifference Independence Impartiality
INDEPENDENCE OF JUDICIARY 1. It is a dynamic and social institution; 2. Historically, society required an independent body – different from legislature and executive – to resolve disputes; and 3. In appointment of Judges and in functioning of Judiciary, interference from other two organs is nil or negligible.
INDIFFERENCE 1. As an attribute, indifference means not to be swayed by cause or players in cause. 2. It also means that all shall be treated alike in dispensing justice.
JUDICIAL FUNCTIONS The characteristics of judicial functions are: 1. It involves a dispute between two or more parties; 2. It has to be exercised at the request of the person interested; and 3. Judicial function involves less discretion and sans ipsi dixit of decision-maker.
JUDICIAL PROCESS Exercise of judicial function and judicial discretion is characterised by: 1. Conclusiveness; 2. Trappings and procedure; 3. Interpretation and declaration; and 4. Proceedings are privileged.
MRICHCHAKATIKA SAYS A judge must be thoroughly conversant with the code of the law Expert in detecting deceit and an eloquent speaker He must never lose his temper and must be impartial to friends, strangers or relatives He must base his decision on the examination of actual happenings He must have regard for higher morality and must not be swayed by greed He must be strong enough to protect the weak and instill fear into the hearts of the wicked His mind must be set on discovering the highest truth by every possible avenue “MRICHCHAKATIKA” (Anka-9: Sloka-5)
SOCRATES SAID Four things belong to a Judge to hear courteously to answer wisely to consider soberly and to decide impartially
IMPARTIAL Before defining ‘impartiality’, we need to understand bias and prejudice.
BIAS • “Bias” is a leaning or inclination to or against a party and is inconsistent with a state of mind fully open to the conviction which evidence might produce. • As used in law regarding disqualification of judge, refers to mental attitude or disposition of the judge towards a party to the litigation, and not to any views that may entertain regarding the subject matter involved.
PREJUDICE • “Prejudice” means an opinion or judgment formed beforehand or without due examination; • “Prejudice” is a state of mind which is ordinarily not capable of being proven by direct and positive evidence. • “Prejudice” is a leaning towards one side of a cause for some reason other than its justice.
IMPARTIAL-II • “Impartial” means not favoring one more than another; treating all alike; unbiased, equitable, fair and just. • “Impartial” is defined as meaning not disposed of prefer or favor one above another, unbiased, unprejudiced, just, fair. • “According to the definition of lexicographers, a man who is impartial is one who is not biased in favor of one party more than another; who is indifferent, unprejudiced, disinterested;
IMPARTIALITY Impartiality does not mean Neutrality Neutrality is absence of all preconceptions and preferences Impartiality is ability to raise above conflicting views and judge a matter fairly
DYNAMICS OF IMPARTIALITY 1. Human mind even at infancy is no blank piece of paper. Humans are born with pre-disposition and the process of education, formal and informal, create attitudes, which precede reasoning in particular instances and which by definition are prejudices; 2. Hence if “bias” and “partiality” are defined to mean total absence or of preconceptions in the mind of Judge then no-one ever had and ever will get fair trial of cause.
STARTINGPOINT • On the assumption that nobody is free from preconceived notions, how to ensure impartial justice. • This can be ensured by conditioning mind with basic tenets of justice and by following certain fair procedure in judicial process.
BASIC TENETS 1. Justice should not only be done but it should also manifestly seen to be done. {R.Sussex Justice Exparte v McCarthy – (1923) All ER 233}; 2. Discipline of law should be adhered to; and 3. Judicial conduct on and off Bench should comply with time-testing values.
OBJECTIVITY • As an adjective, it means ‘of a person or his Judgment not influenced by personal feelings or opinions in considering and representing facts. Contrasted with subjective, objective means impartial, not dependant on personal feelings. • Objectivity is the derivative noun. • Objective means relating to or based on externally verifiable phenomena, as opposed to one’s perceptions, feelings or intentions, or objective facts. It means without bias or prejudice and disinterested.
OBJECTIVITY • Expression objective and impartial would mean consideration of a given factual controversy not influenced by any other extraneous considerations like caste, creed, colour, sect, religion or region except the relevant fact. • (see (1997) 9 SCC 287 (para 3) [Union of India v N.R.Banerjee]
OBJECTIVE DECISION “…a decision of Court tied together by threads of logic and analysis as opposed to what seems to be the fact that the decision of the Court tied together by threads of social preferences and predispositions..”
RATIONALITY • It is intellectual authority of reason verifiable by Logical principles. • Principles of reason could be deduced a priori (from cause to effect) by examining anything in relation to the rational and social nature of man. • Principles of reason could also be deduced a posteriori (from effect to cause) by examining the acceptance of these principles among people.
RATIONALITY IN LEGAL SENSE • Irrationality leads to “arbitrariness”. When used in a legal sense court decision would be arbitrary if the findings are without rational basis or that the evidence to support the findings is nonexistent or without probative value in either direction. • “Arbitrary” means acting at pleasure, without adequate determining principle, not founded in nature of things, non-rational, not done or acting according to reason or judgment, depending upon will alone, without fair, solid and substantial cause; that is, without cause based upon the law or not governed by any fixed rules or standard.
RATIONALITY: LOGIC AND REASONING • Irrationality and unreasonableness are used interchangeably. Though the former is one facet of the latter. • A decision is irrational (i) if it is unreasoned (ii) if it is lacking ostensible logic (iii) if it is lacking comprehensible justification (iv) An irrational decision suffers from error of reasoning which robs the decision of logic
SUPREME COURT SAYS… S.G. Jaisinghani v Union of India* • ...Decisions should be made by the application of known principles and rule and in general, such decisions should be predictable and the citizen should know where he is. If a decision taken without any principle or without any rule it is unpredictable and such decision is the antithesis of a decision taken in accordance with rule of law’. *AIR 1967 SC 1427
S.C. SAYS.. Srilekha Vidyarthi v Sate of UP* “the question, whether an impugned act is arbitrary or not is ultimately to be answered on the facts and in the circumstances of a given case. An obvious test to apply is to see whether there is any discernible principle emerging from the impugned act and if so, does it satisfy the test of reasonableness”. *AIR 1991 SC 537
REASONING • The intellectual faculty of being able to discriminate, judge and evaluate to know truth and to adapt one’s action to a particular end. • It is not imagination, instinct, emotion, sensation or whim/fancy. • It is not faith and seeks evidence to pursue every conclusion.
LEGAL REASONING(By analogy) • Legal reasoning is in large measure the application of ordinary processes of logical reasoning to legal propositions. Legal reasoning is commonly by analogy. • This is again either inductive reasoning or deductive reasoning.
INDUCTIVE REASONING • This seeks to derive a general proposition from two or more particular propositions of the same kind. • Eg. ‘X’ a manufacturer has been held liable for harm done by negligently manufactured bottled drink. ‘Y’ a manufacturer has been held liable for harm done by negligently manufactured packaged clothing.
DEDUCTIVE REASONING • The general proposition in inductive reasoning is the basis for deductive reasoning. • Eg. Circumstances of type A are governed by rule ‘X’; the circumstances of this case are within type A; therefore, the circumstances are governed by rule ‘X’.
WHY REASONS • Giving reasons for a decision, is a part of principles of natural justice. {(1990) 4 SCC 594} • Reasons are the links between the materials on which certain conclusions are based and the actual conclusions. They disclose how the mind is applied to the subject matter for a decision whether it is purely administrative or quasi-judicial. They should reveal a rational nexus between the facts considered and the conclusions reached. Only in this way can opinions or decisions recorded be shown to be manifestly just and reasonable. (AIR 1974 SC 87,UoI v M.L.Capoor)
TO THE LITIGANT • The duty of the Judge is to uphold his own integrity. • The losing party must know why he lost the case. • The satisfaction which a reasoned judgment gives to the losing party is a test of good judgment. [(1998) 2 SCC 242, Hindustan Times v UoI]
TO THE LEGAL PROFESSION • Legal profession is entitled to have it demonstrated that (i) Judge had correct principles in mind (ii) Judge had properly applied principles (iii) Judgment as a precedent is an assurance of quality of Judiciary.
SIX REASONS FOR REASONED JUDGMENT • FIRST: To explain to parties how and why the result was reached. • SECOND: Judgment to expose reasoning on matters of fact and law to enable appellate Court to examine soundness. • THIRD: It is to expose a defect in the law and in its administration.
FOURTH: To expose any error or deficiency in area of public administration. • FIFTH: To expose individual wrong doing to decide issues in the case. • SIXTH: To expose administration of justice to public gaze which is the essential attribute of system of justice.
LEGAL REASONS FOR JUDICIAL DECISIONS • Legal reasons for judicial decisions is a matter of great importance. • Parties are likely to accept and be satisfied with a decision if the reasons are set out. • The appellate authority can even go into validity of reasons.
