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General Overview

  • Justice D.Y Chandrachud in a recent judgement showed his displeasure due to excessive use of technology for passing ‘cut-copy-paste' orders by High Court Judges.
  • The Orrisa High Court in a recent case apparently ‘copy – pasted’ an order of the tribunal which made the Hon’ble Court frown.
  • Justice Chandrachud remarked : ‘Fed -Up of seeing “Cut-copy-paste orders” of High Courts.’

Background

  • The Bench comprising of Justices D.Y Chandrachud and M.R Shah were dealing with UPSC's SLP against the Orrisa High Court Verdict upholding a verdict of CAT.
  • The Hon’ble Court was considering whether the Respondent could be denied a place in the IAS owing to a disciplinary penalty imposed in 2011.
  • The SC set aside the High Court’s order on the ground that it is the UPSC rules and not DoPT Guidelines which should be considered in the matter.

The Culture Of ‘Cut - Copy - Paste Orders'

Justice Chandrachud observed that

  • There is lack of Application of mind by the High Courts.
  • Independent Reasons have to be cited for affirming an order.
  • One of the problems of computer – age is copying and pasting of orders.
  • Cut, Copy, Paste from the judgement only adds to the volume of the pages but does not answer the core issue of the appeal.
  • Crisp reasoning is perhaps the answer !

Conclusion

While the Hon’ble Court does understands that Judges are indeed faced with increasing vacancies, large case loads and the pressure of disposal of cases which makes them use this short cut of copying & pasting orders.
But at the same time cut – copy – paste function should not become a substitute for substantive reasoning.

Do you think that the rise in ‘copy-paste orders’ passed by judges is due to excessive dependence on technology ?

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