Judges do make political choices: retd Justice Muralidhar

“Where do judges come from? Gautam’s writing tells you that judges come from definitive positions. This book actually tells you that there are many issues coming before court where a political issue is dressed up as a legal issue. Today we had two news items… one on the choice of food in schools in Lakshadweep and other about flying a flag in a temple in Kerala. Judges do make political choices; they may think they are being neutral, that they don’t have a position. But whether you are accepting or rejecting an argument, you are making a political choice,” he said.

“This comes through very clearly in the book that politics and judicial functioning are not as separate as we may want it to be… All the issues such as what we wear or eat or speak are becoming constitutional issues coming before the court. Judges are forced to make a choice in public.” he said.

Justice Muralidhar retired on August 7.

In an opinion piece in The Indian Express — A question for the collegium: Why was Justice S Muralidhar not brought to the Supreme Court? — published last month, Fali S Nariman, Justice Madan B Lokur and senior advocate Sriram Panchu called Justice Muralidhar “among this country’s finest judges in recent times” and asked why he was not offered judgeship on the Supreme Court, despite two vacancies.

During the book launch, Justice Muralidhar said Bhatia has used technology to the fullest. “Through the book, he gives an insider’s perspective, giving a ring side view. He will actually tell you the dialogue that happens in the court. This is an important book in terms of chronology of events and how an institution shaped and reshaped itself with changing times,” he said.

The launch was followed by a discussion among a panel of Justice Muralidhar, senior advocate Rebecca John, journalist Seema Chishti and Bhatia.