“He was a man of many parts – Law, Literature, Public Affairs, International Affairs and Education. In the field of Law he held all offices which any lawyer can aspire to hold – Government Pleader; Advocate General of C. P. & Berar; Judge of the Nagpur High Court; Chief Justice of the Nagpur, High Court; Judge of the Supreme Court and culminating as the Chief Justice of India. He served as a Judge for 25 years.”

— Mohammad Hidayatullah

By J.R. Jagrat
Speech By Mr. S. G. Page, Government Pleader, High Court, Bombay, Made OnMonday, 28 September, 1992

Adopted from Wikiquote. Last update June 3, 2021. History

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Mohammad Hidayatullah 36

11th Chief Justice of India 1905–1992

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“The law has armed the High Court of Justice with the power, and imposed on it the duty of preventing brevi manu and by summary proceedings any attempt to interfere with the administration of justice. It is on that ground, and not on any exaggerated notion of the dignity of individuals that insults to Judges are not allowed.”

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“"A Case I Won – But I Would Prefer To Have Lost”. Criticizing his own win, Nariman said “I don’t see what is so special about the first five judges of the Supreme Court. They are only the first five in seniority of appointment – not necessarily in superiority of wisdom or competence. I see no reason why all the judges in the highest court should not be consulted when a proposal is made for appointment of a high court judge (or an eminent advocate) to be a judge of the Supreme Court. I would suggest that the closed-circuit network of five judges should be disbanded.”

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“The act of a single Judge, unless adopted by the Court to which he belongs, is of no validity. As the Courts do not sit in vacation, many things are done by the Judges individually; but their acts, when recognised, become the acts of the Court.”

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“This was an attempt of not creating 'forward looking judges' but the 'judges looking forward' to the plumes of the office of Chief Justice.”

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Source: Long March of the Supreme Court Bar Association http://www.lexsite.com/services/network/scba/history.shtml, LexSite.com

“Because these two judges showed to their generation of justices, and the generation after that, as to how to approach cases that came before the highest court. It is because judges with a political or social agenda are so few in number that they are long remembered. I have always considered it significant and beneficial for the development of the law in India that judges-without-an-agenda have been the more numerous.”

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“I have always thought that formerly there was too confined a way of thinking in the Judges of the common law Courts, and that Courts of equity have risen by the Judges not properly applying the principles of the common law, being too narrowly governed by old cases and maxims, which have too much prevented the public from having the benefit of the common law.”

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“That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the Courts of justice, can certainly not be expected from Judges who hold their offices by a temporary commission. Periodical appointments”

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No. 78
The Federalist Papers (1787–1788)
Context: That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the Courts of justice, can certainly not be expected from Judges who hold their offices by a temporary commission. Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence. If the power of making them was committed either to the Executive or Legislature, there would be danger of an improper complaisance to the branch which possessed it; if to both, there would be an unwillingness to hazard the displeasure of either; if to the People, or to persons chosen by them for the special purpose, there would be too great a disposition to consult popularity, to justify a reliance that nothing would be consulted but the Constitution and the laws.

“The object of the discipline enforced by the Court in case of contempt of court is not to vindicate the dignity of the Court or the person of the Judge, but to prevent undue interference with the administration of justice.”

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Hellmore v. Smith (2) (1886), L. R. 35 C. D. 455.

“When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge's work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding.”

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“So, closing his heart, the Judge rode on,
And Maud was left in the field alone.
But the lawyers smiled that afternoon,
When he hummed in court an old love-tune.”

John Greenleaf Whittier Maud Muller

Maud Muller (1856)

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Mohammad Hidayatullah 36

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