New Delhi: The Supreme Court has noted that the purpose of a judgment is not to confuse or confound the readers, and directed courts and tribunals to deliver judgments in simple and lucid, easy to understand language, Live Law reported.
Taking objection to judges’ tendency to use wordplay and archaism in their judicial declarations, the country’s top court said that judgments must make sense to individuals whose lives and affairs are affected by the decisions.
“The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges. Judgments of the High Courts and the Supreme Court also serve as precedents to guide future Benches,” the Supreme Court said.
The Supreme Court bench, which was reviewing a Himachal Pradesh High Court decision, said it was, to put it mildly, “incomprehensible”.
The bench pointed out that the goal of judicial writing is defeated by language like that in a ruling, which could lead to the common man coming to courts as litigants stop having faith in the judicial system.
Every judge may have a unique way of writing a judgment, but the work should be clear, and the immediately recognisable issue-rule-application-conclusion (IRAC) structure must be adhered to.
The bench also instructed courts and tribunals to use digital signatures to sign their judgements and make them easily available.
