Sketches of social life in IndiaBuckland, C. T. (Charles Thomas)
History
Sketches of social life in India
Buckland, C. T. (Charles Thomas)
British -- India -- Social life and customs; India -- Social life and customs
There are still several positions in the life of a civilian which may be
worthy of more than passing notice. When an officer has elected to join
the judicial branch of the service, he in course of time becomes the
judge of a district, an officer of much authority and dignity, and not
badly remunerated. The position of a judge has one feature in it which
makes it highly commendable, especially in contrast with that of the
collector-magistrate, who has elected the executive branch. The latter
officer has many masters, and his time is never his own, and even his
private house is not sacred against the invasions of emergent business.
But the judge has but one master, the High Court. He goes to his court
at a fixed hour, and leaves it also at the appointed time, and he
regulates these hours according to his own convenience. His business is
carried on solely in his court; when he leaves his court his work is at
an end. It would be considered both unbecoming and irregular for any
suitor or pleader to seek to follow him to his own house. The duty of a
judge is not so difficult as some people suppose. It is a well-known
truism that in almost all law-suits the difficulty is to ascertain the
real facts of the case. If the facts are found, the application of the
law to those facts is a comparatively simple process. In the court of a
district judge there are pleaders of good ability and considerable legal
acquirements, who are not likely to allow him to be misled as to the
law, however much they may strive to twist the facts of a case in favour
of their client. The greater part of a judge’s work consists in hearing
appeals from the decisions of the native judges subordinate to him, so
that he has only to deal with the written evidence on the record, the
effect of which has been usually well-weighed and represented in the
decision of the subordinate judge. The judge, therefore, can easily
master the leading facts of a case as set forth in the decision of the
lower court, before he begins to hear the arguments of the counsel who
appear to impugn or to support that decision. A case may be more or less
complicated, but for a man of ordinary capacity and common sense it is a
pleasant intellectual entertainment to listen to the arguments of the
contending pleaders. Most of the leading pleaders can speak English
well, and state their cases and arguments with a lucidity which might
meet with the approval of Matthew Arnold. It only remains for the judge
to prepare and pronounce his decision; and if he is a prudent man he
will write out his decision in the quiet and privacy of his own study.
This is the more necessary because the judge’s decision in its turn may
become the subject of appeal to the High Court, and it therefore behoves
a judge to try to make his decision impregnable.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account