describe in 150 words about how the people are judged according to you what is the correct judgement ?
Answers
Answer:
udgment writing has been one of the most exciting parts of judgeship for me and I’ve spent considerable time reflecting upon and trying to figure out ways and means to make them better.
This column, which is the first in a series of three that I will write on the subject, captures my thoughts on the art of judgment writing, drawing on my own experiences and the experiences of my colleagues at the bench, in India and abroad.
since the greatest advice on writing is ‘showing’ and not just ‘telling’, I’ll also illustrate each point with some of the best and the worst written judgments, so that we can examine what makes them so.
I’ll also briefly touch upon the broad do’s and don’ts of writing a judgment, international best practices, writing a great introduction and the importance of writing with the audience in mind; All of this in Part I.
Now, without further ado, let’s start at the start. The question as to how writing a judgment is different from any other form of creative writing may be a good place to begin. We all know that a judge can’t take liberties with facts, but a writer can. A novelist/creative writer creates a world, but the reader can very well choose not to be part of it by simply not picking up the book.
As opposed to this, in a judgment, a litigant has no choice but to inhabit the world that the judge has chosen to create for her. This, to my mind, highlights the sheer importance of a judgment and the responsibility that comes with it; the exercise warrants more attention than it currently does.
Given the fact that the primary audience of a judgment is the litigant, a judgment should be readable, clear, precise, unambiguous and capable of being followed. Also, transparency is key. Justice should not only be done but should be seen to be done. Parties to the litigation need to understand the result and the mental/analytical process by which the judge arrived at the final decision.
Not just this; there is one more important reason to write clearly. Consider this formulation: Ignorance of law is no excuse. Judgments constitute law. Some judgments are utterly impossible to understand. Isn’t this Kafkaesque? But it’s true; don’t believe it? Sample this:
Explanation: