ASSESSING THE PERFORMANCE OF THE JUDGES IN INDIA SEARCH FOR YARDSTICKS

Abstract

In the words of Justice J.B. Thomas of Australia: “Some standards can be prescribed by law, but the spirit of, and the quality of the service rendered by; a profession depends far more on its observance of ethical standards. These are far more rigorous than legal standards.... They are learnt not by precept but by the example and influence of respected peers. Judicial standards are acquired, so to speak, by professional osmosis. They are enforced immediately by conscience.” A society may bestow upon itself judges of high capacity and integrity only if it possesses the ability to secure and adhere to the following touchstones simultaneously: requisite and appropriate education in law, strict compliance to standards laid down regarding training and selection criteria of judges and most importantly, assessment and evaluation of the appointed judges (assessment and evaluation to be done by means of comparison and other methods). In short, the quality of judges can be colossally improved by upgrading the conditions in which they work so that not only the judges but also the judicial system prevailing within the territory of a country achieves the required perceived levels. Evaluation and assessment of judges and courts is an aspect of the normal functioning of judicial systems prevailing in any country. Valuation of the work of judges is an estimate of their knowledge in the arena of law and conscientiousness in the exercise of the judicial function. Both selection of judges and assessment of their work require clearly defined and objectivized criteria and their reliable and comparable measurement standards. The judiciary is always under an obligation which is more of an ethical nature. The obligations include attributes which are far beyond the basic essentials of honesty, impartiality, and fairness.