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
From the ranks of the district judges the best men are selected for a
seat in the High Court of Calcutta. It is not very easy to select the
best men, and the process of selection is uncertain, because the
patronage is exercised nominally by the Viceroy, who has the least
actual knowledge of the merits of individual officers, and must
therefore be guided by the advice of others. We are prepared to admit
that usually the best men are selected, but on every occasion there are
several men who consider their own claims superior to those of the
officer selected. The position of a judge of the High Court is certainly
a very enviable one. It may be said to combine almost the highest amount
of official dignity with no inconsiderable degree of otium. In the usual
routine of the court work two judges sit together, and constitute what
is called a bench. When two judges are sitting together it follows as a
matter of course that one of them takes the leading part in the conduct
of the case which is before them. Where two men ride on one horse, one
must ride behind the other. As a matter of practice, where several cases
come before them on the same day, they take the conduct of the cases
alternately; but sometimes, where one judge is of a more masterly
temperament than the other, he practically assumes the management of
every case, whilst the other judge acquiesces in the arrangement. This
leads to a powerful development of what has been called the power of the
cypher. One judge, Mr. A., is a masterly man, and he scores as 1. The
other judge follows his lead, and he therefore scores as 0. But 1 and 0
count ten, and in practice the working power of a bench thus constituted
is far more effective than that of a bench where the two judges are
antagonistic to one another and are disposed to take conflicting views
of a case. It is therefore easy to conceive that whenever a judge is not
disinclined to subordinate his own mental powers to those of his
colleague, he can pass his time on the bench without any great strain on
his intellectual faculties. He may be supposed to be taking copious
notes of the arguments, but as a fact he is inditing an overland letter
to his absent wife or his children in England. When the case is ripe for
decision, and the arguments of counsel are at an end, a brief conference
with his colleague satisfies his conscience, and he is prepared to sign
his name in concurrence to the decision more or less elaborate which his
colleague is ready to compose. The hours during which the High Court
sits are not very long or exhausting. The judges usually take their
seats at 11 o’clock, and after a sitting of three hours the court
withdraws at 2 o’clock for lunch, the contending counsel gladly
following their example. It is nearly 3 o’clock before the judges resume
their seats on the bench, and by the time that the clock has rolled on
to 4, it begins to be a question whether, on the conclusion of a
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