Constitution of India -– Art.226 – Exercise of power under – Necessity of independent application of mind – ‘Cut-copy-paste’ not a substitute for substantive reasoning – Issue whether first respondent was correctly denied selection having regard to the fact that a disciplinary penalty had been imposed upon him – Appellant moved before High Court in proceedings u/Art.226 for challenging order of the Tribunal – High Court extracted portions of the judgment of the Tribunal and declined to interfere stating that the Tribunal had not committed any jurisdictional error – Held: There was no independent application of mind to the controversy by the High Court – Technology enables speed, efficiency and accuracy to judicial work – But prolific use of ‘cut-copy-paste’ function should not become a substitute for substantive reasoning which, in the ultimate analysis, is the defining feature of the judicial process – Reasons constitute the soul of a judicial decision – It was necessary for the High Court to express an opinion on the merits of the rival submissions since it was seized of proceedings u/Art.226 – High Court having not carried out the exercise, the judgment of High Court is set aside – Writ petition restored to High Court – Judgment / Order – Practice and Procedure – Service Law.
Remitting the matter to the High Court, the Court HELD:1. There has been no independent application of mind to the controversy by the High Court. [Para 6][15-D-E]
2. Cutting, copying and pasting from the judgment of the Tribunal, which is placed in issue before the High Court, may add to the volume of the judgment. The size of judicial output does not necessarily correlate to a reasoned analysis of the core issues in a case. Technology enables judges to bring speed, efficiency and accuracy to judicial work. But a prolific use of the ‘cut-copypaste’ function should not become a substitute for substantive reasoning which, in the ultimate analysis, is the defining feature of the judicial process. Doing what the High Court has done in the present case presents a veneer of judicial reasoning, bereft of the substance which constitutes the heart of the judicial process. Reasons constitute the soul of a judicial decision. Without them one is left with a shell which provides neither solace nor satisfaction to the litigant. While it is important to keep an eye on the statistics on disposal, the quality of justice brings legitimacy to the judiciary. [Para 7][15-E-H; 16-A-B]
3. It was necessary for the High Court to express an opinion on the merits of the rival submissions since it was seized of proceedings under Article 226 of the Constitution. The High Court having not carried out the exercise, the impugned judgment and order of the High Court is set aside. The writ petition shall stand restored to the file of the High Court. [Para 9][16-D-E]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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