Lord Denning said, “Every judge, in a sense, is on trial to see that he does his job honestly, and properly”, and that “justice is rooted in confidence, and confidence is destroyed when right-minded people go away thinking that the judge is biased”. It goes to the credit of our earlier judges, though appointed by the state, that they administered justice judicially, and with the requisite detachment within the rule of law.
The situation, however, changed with Indira Gandhi assuming office. In the matter of appointment of judges, political philosophy, and the political leaning of a candidate became a major consideration. And then came the Emergency. Judges were put to test in the matter of ADM Jabalpur, and barring one brave exception, the judges failed the Constitution, and thus the nation. They just forgot, nay ignored, the words of Lord James Mansfield in Rex versus Wilkes: “The constitution does not allow reasons of State to influence our judgments: God forbid it should! We must not regard political consequences; how formidable soever they might be: If rebellion was the certain consequence, we are bound to say ‘fiat justitia, ruat caelum’, meaning, let justice be done though the heaven fall
