Judges are not Gods: Himachal Pradesh High Court Chief Justice Rajiv Shakdher in farewell speech

Judges are just as fallible as any other common man and should not be deified as gods, observed Chief Justice Rajiv Shakdher on Friday while giving a farewell speech at the Himachal Pradesh High Court on the eve of his retirement from judgeship.

Chief Justice Shakdher observed that judges do go horribly wrong sometimes and must take responsibility for their actions.

He also took the opportunity to express his apologies if he has unintentionally hurt anyone during his tenure as a judge.

"(Even) with all the wherewithal at our disposal, including assistance of learned counsel, Judges do err and sometimes go horribly wrong, although not intentionally. Judges, therefore, to my mind should not be deified. Judges are not gods. They are as fallible as any other common man on the street. They have feet of clay. In my view, judges should take responsibility for each of their actions ... I think we should take responsibility for our actions," Justice Shakdher said.

As for his performance as a judge, Justice Shakdher observed that it is for others to evaluate his work and examine if did well.

"I started my journey as a judge in 2008. Today I have crossed over 16 years as a sitting judge. It has been an eventful and a meaningful journey. At times, in some ways, a roller coaster ride. Did I do well? Did I stand true to my oath? - This is something for you all to evaluate. Judges have no agenda, their duties and powers are delegated by the Constitution. Judges have no ideology," he said.

He also briefly commented on why he prefers the adversarial system of justice (two opposing sides presenting arguments before a judge as the neutral party) which is followed in India, over an inquisitorial system.

"It (adversarial system) allows for iteration of facts, law and thought. The product that emerges in the form of a judgment is of high quality because it is a collaborative effort of the bench and the bar. The beauty of an adversarial system is that it offers an opportunity to see the law being forged, it gives an opportunity to see law in its raw form," Chief Justice Shakdher said.

As he concluded his address he expressed that he was grateful to have been given the opportunity to serve the people of Himachal Pradesh.

He noted that it is rightly said that Himachal Pradesh is a kaleidoscope of various cultures, with each district having its own customs, ritual and even dialects.

"I demit this office with a sense of satisfaction that I did what I thought was right according to my conscience, the oath that I took when I first joined bench and the expectations of my well-wishers," he added.

He also thanked his colleagues and said that he was eager to resume the role of a lawyer.

"As I bid adieu to the Bench, I am filled with exaltation that I am going back to my mother fold, i.e., the bar."

Justice Shakdher obtained LLB degree from Law Faculty, University of Delhi in 1987 and enrolled as an advocate on November 19, 1987.

He was designated as Senior Advocate in 2006 and appointed an additional judge of the Delhi High Court in 2008. He was made a permanent High Court judge in 2011.

He was transferred to the Madras High Court in 2016 where he served until January 2018 before being transferred back to Delhi High Court.

He was appointed the Chief Justice of the Himachal Pradesh High Court on September 21 this year.

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