In what can be seen as sounding a warning, Supreme Court Judge Justice BV Nagarathna said on Saturday that judges who cannot live within their means and fall prey to greed and temptation must be removed from the judicial system. A tainted decision by a Judge is a black mark on the Judge and on the Judiciary itself. She said this during a speech she delivered at the 22nd Biennial State Level Conference of Judicial Officers in Karnataka's Bengaluru.
In her address, Justice Nagarathna commended Karnataka's district judiciary as one of the best in the country.She used the occasion to speak on judicial conduct, artificial intelligence in courtrooms, and the treatment of district judges by High Courts.Commenting on the importance of preserving judicial integrity, she said,"Judges who are unable to live within their known sources of income and fall prey to greed and temptation must be weeded out of the system."
She added that judges must develop courage and independence in discharging their duties and cautioned judges against being influenced by external factors while deciding on cases."There cannot be any 'coordination' in decision making. A tainted decision by a Judge is a black mark on the Judge and on the Judiciary itself," Justice Nagarathna said.
She also emphasised the need to be careful while using artificial intelligence (AI) for legal research. She drew from her own experience to flag concerns about fake caselaws being cited by lawyers due to blind reliance on AI."There have already been instances where AI has produced incorrect or even entirely fabricated case law citations even in the Supreme Court before my Bench," she said.
She cited two specific examples, one being when a case titled "Mercy vs. Mankind" was cited, when no such case existed. Another instance was when a Supreme Court judgment relied upon did not contain a quote attributed to it. Lamenting this state of affairs, she added,"The time has now come for the learned advocates who rely upon judicial precedents to also issue a certificate that the judgments relied upon are authentic and have been reported in the relevant journals."
Turning to the relationship between High Courts and the district judiciary, Justice Nagarathna said district judges must feel genuinely protected. She emphasised that matters of promotions, postings, transfers and leave for judicial officers must be fair and transparent. She also pointed to the role of High Court Registries in such matters.
"No judicial officer must feel that he/she has been left in the lurch only because the Registry of the High Court is not taking necessary steps at an appropriate time to assuage their genuine grievances," she said.
She also touched upon the institutional measures required to protect the interests of women in the judiciary."There must be safety, dignity, and enabling work conditions for women Judges," she said, noting the need for not just physical infrastructure but also protection against bias and harassment.Justice Nagarathna closed her speech by reaffirming that AI must always remain a tool at the periphery.
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