Judicial Proceedings and Observations: A Detailed Breakdown of English Grammar, Vocabulary and Phrases
The Supreme Court of India has rapped judges over the knuckles, asking them to refrain from making casual observations that reveal their communal bias or misogyny. Judicial proceedings are live-streamed in some courts across the country, with a wide reach beyond the four walls of a courtroom, and the top court was firm that judges, and everyone in the judicial fraternity, must be aware of the responsibility and act accordingly. The “heart and soul of judging is to be fair”, it observed, and noted that judges must strictly adhere to the values laid down by the constitution, and not be guided by prejudice.
Taking su motu cognisance of video clips featuring Karnataka high court judge V. Srishananda and his sexist comments to a woman lawyer on two separate judicial proceedings, a five-judge special bench headed by the Chief Justice of India (CJI) observed in its order on Wednesday that off-the-cuff remarks by judges would show them in a negative light and impact the entire judicial institution adversely. On a previous occasion, the Karnataka High Court judge had referred to a Muslim-dominated locality in West Bengaluru as ‘Pakistan’. The bench took a stern note of that remark as well, contending, “You cannot call any part of the territory of India ‘Pakistan’… This is fundamentally wrong under the constitution.”
Breaking Down the Key Terms and Phrases
Rapped Judges Over the Knuckles
The phrase "rapped judges over the knuckles" is an idiomatic expression. It means that the Supreme Court of India has scolded or reprimanded lower court judges for something they did wrong or handled poorly. In this context:
- Rapped over the knuckles refers to a light punishment or stern warning, similar to a teacher scolding a student by tapping their hand with a ruler.
- The Supreme Court is showing disapproval of the actions or decisions made by certain judges, likely due to mistakes or inefficiencies in their judgments or behavior.
This type of reprimand is usually a formal way of holding judges accountable for not adhering to proper legal standards or procedures.
Communal Bias
Communal bias refers to prejudice or discrimination based on religious, ethnic, or cultural groupings. In India, the term often pertains to biases between different religious communities, such as Hindus, Muslims, Sikhs, Christians, etc.
Misogyny
Misogyny refers to the hatred, dislike, or prejudice against women. It involves negative attitudes, discrimination, or unfair treatment towards women simply because of their gender. Misogyny can manifest in many forms, including derogatory remarks, sexism, inequality in opportunities, or violence against women.
Judicial Fraternity
The term "judicial fraternity" refers to the collective community of judges, lawyers, and other legal professionals who are part of the judicial system. It emphasizes the idea of a close-knit group with shared responsibilities, ethics, and goals, focused on upholding the law and delivering justice.
Prejudice
Prejudice refers to a preconceived opinion or judgment about someone or something that is not based on actual experience or reason. It often involves forming a negative attitude toward individuals or groups based on characteristics such as race, gender, religion, or ethnicity without knowing them personally.
For example, if someone assumes a person is untrustworthy simply because of their race or background, that’s an example of prejudice.
Su Motu Cognisance
Taking su motu cognisance refers to a situation where a court, especially a higher court like the Supreme Court or a High Court, takes action on its own, without a formal complaint or petition being filed by any party.
Off-the-Cuff Remarks
The term "off-the-cuff remarks" by judges means comments made by judges that are unplanned, informal, or spontaneous during court proceedings. These remarks are not part of the official ruling or judgment and are often made casually without much forethought.
Adversely
The term "adversely" is an adverb that means in a way that is harmful, unfavorable, or detrimental. It describes actions, effects, or situations that produce negative outcomes or consequences. For example, if a policy change impacts a community adversely, it means the change has caused harm or had a negative effect on that community.
Impact the Entire Judicial Institution Adversely
The phrase "impact the entire judicial institution adversely" suggests a negative effect on the functioning and integrity of the judicial system as a whole.
The Bench Took a Stern Note
The phrase "the bench took a stern note" means that the group of judges (the bench) seriously addressed or strongly disapproved of a particular issue. It indicates that the court expressed firm concern or criticism over the matter, emphasizing the importance of the issue at hand.
In legal terms, when a bench takes a stern note, it suggests that the judges are paying close attention to the matter and may take corrective action, issue warnings, or even enforce stricter measures to prevent similar issues in the future.
Contending
Contending means that the bench of judges is asserting or arguing a specific position. They are not just noting the remark; they are actively stating their disagreement with it and providing a justification for their stance.
So, when the bench says, “You cannot call any part of the territory of India ‘Pakistan’… This is fundamentally wrong under the constitution,” they are firmly asserting that such a statement is incorrect and not in line with the principles outlined in the Constitution of India. Essentially, "contending" here reflects the judges' role in advocating for a particular interpretation of the law.