Judge’s Speech On Majoritism : A New Low In Judicial Conduct
Rajiv Upadhyay 
In a recent speech in a VHP conclave, a Allahabad High Court judge Shekhar Kumar Yadav reportedly said ( Youtube link attached ) that he had no reservation in saying that the country will be run as per the wishes of majority . He also reportedly referred to the Triple Talaq and Halala practice as bad examples of personal law .
It is not to question that democracy by definition represents the will of majority in the laws enacted by the legislature but is it proper for a judge to speak in a forum like VHP on disputed subjects . Should judges not avoid exhibiting their private views when in office and even beyond to maintain faith in judiciary ?The speech by the Allahabad High Court Judge did not increase common man’s trust in judiciary .
Even beyond laws there is a constitution which guaranties life , liberty, equality etc . Evolved civilisations are not afraid of dissent or multi culturalism and reflect their wisdom in their constitution. Our hindu civilisation was never afraid of dissent and it is reflected in our constitution .The most vital functions of the judiciary is to safeguard the life , liberty and well being of all citizens irrespective of religion , gender , caste etc. These can be changed only by the due process of law . The higher judiciary’s primary duty is to protect the constitution and reject or modify such laws which violate constitution , even if passed by majority in parliament .
To maintain trust , judges must listen to all sides before giving any judgement . They must keep their personal views aside in cases before them and deliver judgements whose correctness is visible in the reasoning given in judgements . It is often called ‘ Judges must speak through their judgements.
By speaking in a VHP type public forum on a very controversial topic , the concerned judge has lowered citizen’s trust in judiciary .
Supreme Court must ,suo moto ,take cognizance of this speech and restore the trust that judiciary must enjoy for being effective.
