CJI’s sage observations

Talking to members of the Ahmedabad Parsi Panchayat at a function in that city on March 12, 2011 Chief Justice of India (CJI) Sarosh H. Kapadia advised the youth: "You must respect your high priests. The way you do not question the wisdom of your doctor and lawyer, though you seek a second opinion, you have to go to dasturjis in order to seek advice in religious matters.” Parsi Panchayat president Kersi J. Shethna presided over the function at which various groups presented the CJI with gifts, including a book on the history of the city prepared by the Ahmedabad Municipal Corporation and The Times of India (TOI), noted that newspaper on the following day.

"High Courts and the Supreme Court are courts of principles. The judges should not speak anything beyond the principles of a particular case. Let us not give lectures to society. The problem is that sometimes we judges impose our own likes or dislikes on society,” opined the CJI while delivering the Justice P. D. Desai memorial lecture on "Constitutional Morality” in Ahmedabad on the same day, reported TOI.

CJI Sarosh Kapadia: "decisions on principles”

Kapadia continued, "Judges should keep in mind that we cannot judge the wisdom of legislatures. We have to work for constitutional principles. I have no right to say what others should do but I have to perform the duty on constitutional principles... I am of the view that if judges take decisions on principles, many of the controversies that are taking place now will not arise.”

The CJI spoke of a new challenge facing courts today, that of balancing rights and society’s interests. As per a report in The Free Press Journal of March 13, 2011, Kapadia dwelt on issues of development versus the environment. "Can you rule out development in the interest of environment? The answer is no. Can you lean totally in favor of development and rule out environment? The answer is no... In such cases objectivity is the touchstone of the judicial decision,” was his sage observation.

The CJI also rued that senior lawyers are not contributing to "the development of law.” He told the law students present that we are all quick in going to the Internet and downloading whatever information is available "but you will not get nuances of the law on it.”