Judges Are Not Gods and Won’t Always Be Right, Says Outgoing Supreme Court Judge Sanjay Karol The Bridge Chronicle
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Judges Are Not Gods and Won’t Always Be Right, Says Outgoing Supreme Court Judge Sanjay Karol

Departing Supreme Court judge urges humility in the judiciary, reminding citizens that legal decisions are fallible and open to scrutiny

Akanksha Kumari

Judges are not infallible and cannot be expected to deliver a flawless verdict every time, retiring Supreme Court judge Justice Sanjay Karol said in his farewell address on Saturday.

He added that judging demands a measure of humility and the capacity to recognize the real person behind each litigant.

On Saturday, the Supreme Court held an emotional farewell for Justice Karol, during which Chief Justice of India Surya Kant and leading members of the Bar, including Solicitor General Tushar Mehta and Supreme Court Bar Association President Pradeep Rai, delivered heartfelt tributes to the retiring judge on his final day in office.

The Constitution does not simply require us to apply the law accurately; it calls on us to apply it with justice. Perhaps that is why the duty of judging has always felt to me like something greater than merely determining who is legally in the right.

"As judges, we are not infallible. We will inevitably make some incorrect decisions. What has always been within our control is something straightforward: to recognize the individual, not merely the petitioner. A petition can present the facts of a case, but it cannot convey what the person has already lost or what he hopes to gain from the courts. That is perhaps why I have consistently maintained that judging demands a certain degree of humility," Justice Karol said.

Justice Karol was appointed to the Supreme Court on February 6, 2023. On his final day in office, a ceremonial bench was constituted, consisting of Chief Justice of India Kant and Justices Karol, Joymalya Bagchi, and V Mohana.

In his farewell speech, Justice Karol looked back on nearly forty years in the legal field and remarked that the courtroom was never just a place of work for him, but a means to pursue something "greater and more important" than himself.

I will not claim that this journey has been mine alone. This courtroom has never abandoned me; it has stood by me.

Justice Karol noted that he has spent four decades in courtrooms, first as an advocate appearing before the Bench and, for the past 19 years, serving as a judge.

He highlighted the need to listen beyond the explicit arguments, noting that courtrooms contain "eloquent silences" that judges must learn to interpret. "Within the silence of the Bar, there is a particular way of listening," he observed, stressing that the judicial process depends not only on the submissions made, but also on what people are hoping for "in the spaces between the words".

Recalling his initial visit to Courtroom No. 1 of the Supreme Court in 1996, Justice Karol remarked that the bench seemed to be nearly six feet above the floor.

"Judging from there has taught me something about this courtroom's symbolism. From below, the height of the bench can appear to signify authority. From the comfort zone, it signifies something quite different, and that is responsibility with dignity and honesty," he said.

Justice Karol stated that the Supreme Court’s true importance lies in the trust of the ordinary citizen who walks into it believing that someone will hear them. However, he cautioned that we must also think of those who never make it to the court because justice is too remote, too costly, or too intimidating. Reflecting on the ideas of constitutionalism and justice, Justice Karol said that the easiest way to grasp concepts like law, due process, and constitutional legality is through the notion of "dharma"—understood not as ritual, but as duty.

He emphasized that a judge’s duty is to honor justice and ensure that every person who appears before the court, no matter how insignificant or downtrodden, is acknowledged and heard. Addressing members of the Bar, Justice Karol added that the principles of judging are not confined to courtrooms and judicial robes; rather, every individual is called upon to be a judge of their own choices, behavior, and exercise of power.

He noted that even without courtrooms, robes, or technicalities, each of us delivers our own measure of justice through the small decisions we make. He added that a judge remains a judge both before putting on and after removing the robes. Referring to a point made by the Chief Justice of India the previous day, Justice Karol observed that India not only has a living Constitution but must also live by the Constitution. He said the true strength of the Constitution is measured not only in landmark cases, but also in everyday behavior.

Concluding his address, Justice Karol said he was returning to "the most distinguished constitutional office" that of the ordinary citizen.

Born on August 23, 1961, Justice Karol completed his schooling in Shimla and obtained his law degree from the Himachal Pradesh University.

He was appointed advocate general of Himachal Pradesh in 1998 and served in the post until 2003. He was designated a senior advocate in 1999 and elevated as a judge of the Himachal Pradesh High Court on March 8, 2007.

He was elevated as the chief justice of the Tripura High Court in November 2018 and was subsequently transferred as the chief justice of the Patna High Court in November 2019, before being elevated to the Supreme Court on February 6, 2023.

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