Lodhi Road, New Delhi
Lodhi Road, New Delhi
(iii) The oath or affirmation by Judge
Constitution of India obligates the Indian Judiciary to reach the goal of
securing to all its citizens __ Justice, Liberty, Equality and
Fraternity. How this goal is to be achieved is beautifully summed up in the form
of oath or affirmation to be made by the Judges of the Supreme Court and High
Courts while entering upon the office.
in the name of God or making a solemn affirmation a Judge ordains himself:-
that I will bear true faith and allegiance to the Constitution of India
as by law established;
that I will uphold the sovereignty and integrity of India;
that I will truly and faithfully
to the best of my ability, knowledge and judgment
the duties of office
fear or favour, affection or ill-will; and
will uphold the Constitution and the laws.
In my humble opinion, the
oath of a Judge is a complete Code of Conduct and incorporates therein all the
canons of judicial ethics.
judiciary has been trusted and hence entrusted with the task of upholding the
Constitution and zealously and watchfully guarding the constitutional values.
The oath administered to a judge ordains him to uphold the Office as a
citadel of public justice and public security to fulfil the constitutional role
assigned to the Judiciary.
of independence of the judiciary is a noble concept which inspires the
constitutional scheme and constitutes the foundation on which rests the edifice
of our democratic polity. If there is one principle which runs through the
entire fabric of the Constitution, it is the principle of the Rule of Law and
under the Constitution, it is the judiciary which is entrusted with the task of
keeping every organ of the State within the limits of the law and thereby making
the Rule of Law meaningful and effective. It
is to aid the judiciary in this task that the power of judicial review has been
conferred upon the judiciary and it is by exercising this power which
constitutes one of the most potent weapons in armoury of the law, that the
judiciary seeks to protect the citizen against violation of his constitutional
or legal rights or misuse or abuse of power by the State or its officers.”
This is the principle of independence of judiciary which
judges must keep in mind while upholding the Constitution and
administering the laws.