Honesty and integrity, judicial temperament with humility, and impartiality are all ethics of the profession of a Judge and Justice Rang Nath Pandey has upholded these principles throughout his judicial career. We are fortunate to have interacted with him about his career and involvements as a Judge. Read on-
Q. How were your law school days like?
A. I have some very pleasant memories from my law school. After pursuing my Bachelor in Arts from Pandit Munishwar Dutt Post Graduate Degree College in Pratapgarh, I went on to pursue my LL.B. and Masters in Law from Allahabad University.
The horizons of my interest in Law widened under the mentorship of cooperating and obliging teachers who went on to become eminent authors like SN Mishra, JN Pandey, UPD Kesari and VS Sinha among others. Regular guest lectures by stalwarts like Jagdish Swaroop and Shanti Bhushan provided us an insight into their respective fields and enhanced our educational experiences.
Q. How has your journey as a Judge in the Allahabad High Court been?
A. I am grateful to God for giving me the opportunity to serve my country as a High Court judge. Overall, the tenure was extremely satisfying.
Q. You have served the position of the Principal Secretary (Law) cum Legal Remembrancer (LR) for the state of Uttar Pradesh. Please share as to how you were appointed and what major tasks you had in hand.
A. This position is a rare combination of administrative and judicial duties. LR is the key offical legal advisor of the Government. Here, he has to assess the merit of the issues referred to him from both from legal as well as administrative angles. A judicial officer holding the position of District Judge can be appointed by the Government in consulation with Hon’ble High Court. I was serving as District Judge of Gorakhpur when my name was sent by the High Court for the post of Principal Secretary Law, but then state Government kept delaying my appointment as a result I was ultimately appointed by a judicial order passed by a 7-judge Constitutional bench of the Allahabad High Court headed by Hon’ble Justice DY Chandrachud.
Q. In your recent letter addressed to the Prime Minister, you have expressed concerns over prevailing nepotism, favouritism and casteism in the appointment of judges to the higher courts. How do you think can this be resolved?
A. We need an institution which is transparent and operates on the principle of separation of power. I do not expect the system to change overnight. There has to be proper introspection and study of best practices across the world to arrive at the best feasible system within our context. In short term, smaller measures such as releasing documents relevant to selection of judges for perusal by the common citizen can definitely be a step forward towards transparency.
Q. What major transitions have you observed in the Judicial Services examinations at the time of your appointment to the present day?
A. The biggest change is the transformation to three-tier system from the old two-tier system. The new preliminary exam is an addition which has probably become necessary because of the huge number of candidates that apply for this exam now. You need a system to eliminate the less knowlegeable candidates objectively and then thoroughly test the rest subjectively.
Q. Despite a huge backlog of cases and late delivery of justice, citizens have always invested their trust in the judicial system of the country. Why do you feel is that so?
A. Excellent judgements and timely intervention by the courts in cases relevant for large sections of the society must have a role to play in creating trust. Sadly, citizens now anticipate the delay. Their trust is based on delivery and not exactly quick delivery. Judicial proceedings are also by and large transparent and open to scrutiny, unlike the working of the executive branch. So, there are multiple factors at play here.
Q. The current coronavirus pandemic has led the switch from physical hearings to virtual hearings. However, many advocates are not well-versed with that. The issue had been taken up by the Chairman of BCI too. Do you think the argument holds water? How should the court proceedings go on if it seems logical?
A. Of course it does. In times like these, virtual hearing is better than no hearing. Physical hearings are simply not feasible today.
Change and adaptation are the rules of life. A lawyer cannot object to a new law being made because he is well versed with the old one. Lawyers (and judges), of all age groups, should take this is an opportunity to learn a new skill.
In India, we still have socio economic differences which translate into gaps in access to technology and learning. Impact of that has to be minimised. No one should be denied access to justice because they do not have access to a particular technology.
Therefore, those who are in a position to adapt should do so but old elements will have to be retained to ensure that justice is not denied to anyone.
Q. A boy had recently cracked the Rajasthan Judicial Services Examination 2018 exam at just 21 years of age which could make him the youngest judge in India. Do you think young minds as judges should be encouraged?
A. They should not only be encouraged in the Judiciary but also in bureaucracy and the Legislature. The future of the country depends on these young generations with novice ideas and a different thought process or approach towards things happening around them.
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