Supreme Court's Justice Sanjay Karol: Judges are not gods, won't get every judgment right

In a poignant farewell address that resonated across the legal fraternity, retiring Supreme Court of India judge Justice Sanjay Karol on Saturday declared that judges “are not gods” and will not always deliver flawless judgments. Speaking on his last working day in Courtroom No. 1, Justice Karol emphasized that the true measure of judging lies not in mere legal correctness but in the ability to see the person behind every litigant—a theme that underscored his nearly four-decade journey in the legal profession. His remarks, delivered before Chief Justice of India Surya Kant and a packed courtroom, offered a rare, introspective look into the demands of judicial office and the humility it requires.

The Essence of Judging

Justice Karol began his address by challenging the notion of judicial infallibility. “We, as judges, are not gods. We will not get every judgment right. What was always in our hands was simple: to see the person, not just the petitioner,” he said. He stressed that a petition can only convey facts, not the human story of what a litigant has already lost or what they hope to gain from the courts. “And perhaps that is why I have always said that judging requires a certain level of humility,” he added.

He further elaborated on the constitutional mandate, stating, “The Constitution does not ask us merely to apply the law correctly. It asks us to apply it justly. That is perhaps why the responsibility of judging has always seemed larger to me than simply deciding who is legally correct.” This sentiment, he noted, forces judges to look beyond the black-letter law and engage with the deeper equities of each case.

A Life in Law

Reflecting on his long career, Justice Karol recalled his first visit to the Supreme Court in 1996, when the Bench appeared to him to be almost six feet above the ground. “Judging from there has taught me something about this courtroom's symbolism. From below, the height of the bench can appear to signify authority. From the comfort zone, it signifies something quite different, and that is responsibility with dignity and honesty,” he observed.

He spent 40 years in courtrooms—first as an advocate and then, for 19 years, as a judge. His judicial journey included tenures as Chief Justice of the Tripura High Court and the Patna High Court before his elevation to the Supreme Court on February 6, 2023. He noted that the courtroom had never been merely a workplace but “a vehicle for something greater and more important than myself.” He acknowledged the support of the legal community, saying, “I will not pretend that this journey has been mine alone. This courtroom has not left me; it has supported me.”

Listening to the Silences

A particularly striking element of Justice Karol’s farewell was his call for judges to attune themselves to what he called “eloquent silences” in the courtroom. “In the silence of the Bar, there is a way of listening,” he said, adding that the judicial process is not only about arguments advanced but also about understanding what people are seeking “in the spaces between the words.” This emphasis on empathetic listening reflects a growing recognition within the judiciary that justice cannot be dispensed mechanistically—it must be rooted in an awareness of human dignity and suffering.

Dharma and the Duty of a Judge

Justice Karol connected his judicial philosophy to the ancient Indian concept of “dharma,” which he described not as ritual but as duty. “The duty of a judge is to respect justice and see that the person standing before the court, however small, however wretched, is seen and heard,” he asserted. He urged members of the Bar to remember that the principles of judging extend beyond courtrooms and robes. “There may be no courtrooms, no robes, no technical grounds, but in these small choices, each of us dispenses the measure of justice that we take,” he said. “A judge is a judge before he dons and after he takes off the robes.”

Tributes from the Bench and Bar

The ceremonial Bench, comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, was the setting for heartfelt tributes. Chief Justice of India Surya Kant described Justice Karol as a judge whose career was marked by “seriousness towards the law, sensitivity towards people and an unshakeable regard for the office he serves.” He recalled their long association, from the Bar in Himachal Pradesh to their time together as judges. The Chief Justice noted that the Bar remembers Justice Karol not simply for his judgments but for his “patience, courtesy, willingness to listen, and sense of reassurance that accompanied his courtroom presence.” He also highlighted Justice Karol’s administrative achievements, including bringing pendency in the Tripura High Court from over 60,000 cases to under 27,000 within ten months.

Solicitor General Tushar Mehta and Supreme Court Bar Association President Pradeep Rai also paid glowing tributes, underscoring the respect Justice Karol commanded across the legal spectrum. Their words reflected a broader appreciation for a judge who consistently embodied the ideals of humility and humanity.

Living the Constitution

Justice Karol concluded his address by referencing a point made by the Chief Justice a day earlier: that India has not only a living Constitution but also must “live the Constitution.” The greatness of the Constitution, he said, is tested not only in great cases but in ordinary conduct. “I am returning to the most distinguished constitutional office—that of the ordinary citizen,” he declared, a powerful reminder that the judiciary exists to serve the people, not the other way around.

Impact on Legal Practice

Justice Karol’s farewell carries significant implications for the legal profession. His candid acknowledgment of judicial fallibility challenges the often-perceived distance between the Bench and litigants. For practicing lawyers, his emphasis on the human element underscores the importance of presenting not just legal arguments but also the personal stakes involved in every case. His call for humility may influence how future judges approach their decision-making, particularly in cases involving vulnerable individuals who may feel intimidated by the judicial system.

Moreover, his reflection on “eloquent silences” encourages a more patient, attentive courtroom culture—one where judges and advocates alike recognize that justice often lies in what is left unsaid. As the judiciary continues to grapple with issues of access, delay, and public trust, Justice Karol’s words serve as a timely reminder that the ultimate measure of a judge is not the number of judgments delivered but the quality of justice dispensed.

Conclusion

Justice Sanjay Karol’s farewell was neither a dry institutional ritual nor a mere career retrospective. It was a profound meditation on the nature of judging and the moral responsibilities that come with wearing the robes. By urging his colleagues to see the person behind every case, to listen to silences, and to approach their duties with humility, he has left a lasting legacy for the Indian judiciary. As he steps down, his message resonates far beyond the corridors of the Supreme Court: that justice is not merely about applying law correctly, but about applying it justly—with dignity, compassion, and an unwavering commitment to the constitutional faith.