Published on: August 05,2021 13:00 IST
BY KHUSHI AGGARWAL
Judges are the keepers of law and have been given wide ranging powers which come with an extensive amount of responsibility. The Judiciary is seen as the Guardian of law and thus they safeguard the laws and keep a check on the Government bodies that they are abiding by the laws or not. Therefore, to do all these Judges are given lot of power.
Judges have the power to decide the cases between different states or between the Union and the State. They also have the power to declare a person as guilty or not guilty of the offence.
They can decide the amount of compensation to be provided and can also decide the punishment of the offender.
However, the life of a Judge having so many powers is not easy. Besides having these powers, they also have a bag of responsibilities and difficulties upon them.
ADVANTAGES OF BEING A JUDGE
One of the biggest advantages is that the Judge has a lot of power in your hand. He is the one to decide someone as guilty or non-guilty. He will always have the say in the final verdict.
The Judge can make a real positive change for many people on a daily basis since you can send people to jail who really deserve it.
All this can make a Judge feel really important and that their presence in the country is of great importance who has the power to change the country the way they want it to be. He can make the world fairer by punishing those who broke the law.
Being a Judge can be an exciting and interesting task. Particularly in your first years, you will adapt a considerable amount and you will regularly be quite eager to go to work since you won’t ever realize what’s in store.
Truth be told, no day will appear to be identical since individuals are simply unique and capricious and you will now and again even miracle about what’s happening in there.
Since, the job involves meeting different people and different cases, the Judge may not get bored of his job.
Judges have a high standing and a good social standard in the society. The post is really respectable and they are seen as the respectable people of the society. The work they do is highly appreciated by the people of the society.
The Judge can have a good time for himself and his family. The weekends are off and there is only particular time the Judge has to work on. He has to never work during night as many other jobs requires. Therefore, the Judge has a plenty of time to enjoy. There is decent work life balance.
After becoming a Judge, there are lots of people to assist you in your work. The Judge have many individuals around who can do rather unsavory undertakings for you. Indeed, he will regularly be at the highest point of the pyramid and can appoint work you don’t prefer to others.
He will likewise get support for different errands in your expert life as a pass judgment and can truly zero in on what makes a difference. This implies that you can utilize your time as proficiently as could be expected and can truly complete things.
Judges likewise advantage from pretty high employer stability. Truth be told, in many states, judges can’t be terminated except if they commit huge errors or even made wrong decisions deliberately.
This implies that while numerous legal advisors and furthermore numerous others need to fear losing their positions in monetary emergency circumstances, you will frequently be quite protected as a pass judgment and don’t need to stress over being terminated that much.
The Judge can set aside sufficient cash for retirement to stay away from advanced age destitution. Since he will have a quite good pay as an adjudicator, he can likewise set aside a lot of cash for retirement.
Thusly, while many individuals in your present status of the world experience the ill effects of advanced age destitution, he will actually want to live rather serenely and won’t need to stress over cash in your more seasoned years that much, in any event in the event that you put away your cash admirably and don’t spend all on things that you really don’t require and that deteriorate in esteem rather rapidly.
DIFFICULTIES FACED BY JUDGES
Besides having many advantages of being a Judge, there are many disadvantages. There are so many things faced by them during their position as Judge.
A Judge gives his opinion and decision on so many matters. There are always both types of people who will like and will be in favour of what the Judge said while on the other side, there will also be people who will be totally against of the decision and opinion of the Judge. Those who are not in favour, may start insulting the Judge for his view.
This is the first difficulty or rather a challenge faced by the Judge. There are multiple insults that a Judge has to face and should be ready for.
Other than this, a Judge is responsible for the Justice of all the Citizens and also he has to see that no law violating any right of anyone comes and stays in the country. Due to this big responsibility, there is heavy level of mental pressure on the Judges.
The pressure is so high that it can crack a Judge and he may not be able to handle that pressure. The work is physically and emotionally demanding and due to these reasons, A Judge may not be as Satisfied with his job as it appears.
There is a lot of hard work required for being even a junior Judge. Lot of years of education is required and besides that good grades have to be maintained.
An extensive practical experience is needed besides the college education which provides a specific degree required.
Irrespective of the fact that there are many people to assist you after being a Judge, there is a lot of paperwork that is needed to be done by the Judge itself. A Judge has to spend several hours in just reading the documents in order to get well versed with the facts of the case to give proper judgment.
One of the biggest problems is that people may threaten you due to whom there may be fearful days and nights. There can be chances that the people to whom the Judge have send to the prison, may attack him later after getting out. There has been lot of cases of attacks on Judges recently.
There is always a fear of giving a wrong decision which can eventually destroy the life of the people. There can be cases where a person’s whole life depends on the Justice he is seeking and even a single wrong decision by the Judge can totally end that person’s life.
It is said that humans make mistakes but if a Judge makes mistake, then that mistake can even lead to an innocent person spending his whole life in prison which will ultimately lead to breaking of trust of people from the justice delivering branch.
Besides these, other problems and difficulties faced may be mental problems like depression, dependence on parents for a long time and the amount of money required for the law education which may even lead the person to take a loan.
HOW SUPREME COURT JUDGES ARE APPOINTED?
- As per Article 124(2), a person can be a judge of the Supreme Court until he attains the age of 65.
- Judge of the Supreme Court is appointed by the President of India after consulting other Judges of the Supreme Court and High Court.
- Judge of the Supreme Court must be a citizen of India.
- He must have practiced for at least five years in the High Court or should have been Judge of two or more courts in succession, or
- Should have been an Advocate for at least ten years of the High court or of two or more courts in succession.
HOW JUDGES OF THE HIGH COURT ARE APPOINTED?
- The person must be citizen of India.
- He must have practiced as an Advocate in High Court for at least ten years.
- He must have held judicial office in the territory of India for at least ten years.
- He can hold office till the age of 62 years.
In case of appointing Chief Justice of the High court, consultation of Chief Justice of India and Governor of the State is required while for appointing Judges other than Chief Justice, consultation of Chief Justice of High Court is also required.
Judge of the high court is appointed only after President’s warrant.
HOW JUDGES OF DISTRICT COURT ARE APPOINTED?
- The person must have practiced as an advocate for at least seven years.
- The person must have been recommended by the High Court.
- The person should not be working in any other Union or State service.
A person can be appointed only after the permission of the Governor and Judge of the High Court of the State.
HOW JUDGES ARE PROMOTED?
There can be three ways for appointing a Judge to the office. These are Direct Recruitment, Accelerated Promotion and Regular Promotion. All the States have different promotion guidelines made by either the Governor in case of States or by the President in case of the Union Territory.
The Judges can be promoted based on principle of seniority cum merit or they can also be promoted based on the principle of merit. When Judges are promoted on the basis of merit, it is known as Accelerated Promotion whereas if they are promoted on the basis of seniority cum merit, it is known as Regular Promotion.
The Promotion can involve three things:
- Eligibility conditions: This means the minimum number of years the Judge has served which is considered for promotion. For example, for promotion as senior civil judge, minimum five years are required.
- Criteria of Promotion: This means the parameters taken to implement principles such as evaluation of judgments, vigilance reports, departmental proceedings, etc.
- Criteria of Assessment of work done: Judicial officials are required to satisfy certain quantitative focuses as far as the work they do to get advanced which are known as ‘Standards’ or ‘Models for Assessment of Work Done’.
HOW JUDGES ARE REMOVED?
It’s anything but a simple errand to eliminate a Judge from his office, there ought to be demonstrated incapacity or misbehavior and demonstrated here essentially implies the Judge has been examined by an unbiased Committee first and afterward introduced in the Parliament whenever said to have satisfied the two given grounds.
A Judge of the High Court and Supreme Court can be removed in the manner as provided under Articles 217(1)(b) and 124(4) and 124(5).
- Removal of the Judge is a difficult process. A Judge cannot be removed from the office except when the President passes an order and that too must be supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
- A Judge can only be removed on the grounds of misbehavior or incapacity.
- A District Court Judge may be removed after the confirmation of the High Court collegium and signed by the Law Minister of the respected state.
CONCLUSION
The life of a person being a Judge is not as easy as it seems to be. As a matter of first importance one needs to clear the serious test for that lower post which itself involves 3 troublesome stages and after that one needs to buckle down and foster those characteristics and abilities needed for the post of higher post.
Aside from that one needs to accomplish those benefits as well as rank to be considered for advancement.
It’s a recipe that can take down even the strongest of individuals. Being the Judge of the Country is like handling the whole country alone.
The job is not restricted to just sitting on the chair and give the decision, as understood by many. It involves a lot of hard work and difficulties at the same time.