JUDGMENT Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—Mr. Ashok Pandey, a member of the Bar, has petitioned this Court in a public interest litigation. He has a grievance with the use of the appellation ‘Justice’ as a prefix and in the use of the expression to denote a Judge other than the Chief Justice, in the cause list and other documents. A mandamus is sought in the following terms: “(a) To issue a writ in the nature of Mandamus thereby directing the respondent to kindly issue a directive to all the officers/officials and other concerned persons of the Hon’ble High Court not to use the word “Justice” for the “Judges” (other than the Hon’ble Chief Justice) in the cause-list, or in any other document etc.” 2. Chapter V of the Constitution relates to the High Courts in the States. Article 214 provides that there shall be a High Court for each State. Article 216 provides that every High Court shall consist of a Chief Justice and such other Judges as the President may, from time to time, deem it necessary to appoint. Based on these provisions of Article 216, the submission of the petitioner is that whereas the Constitution does contemplate a ‘Chief Justice’, the other Judges of the High Court are not denoted as Justices. Hence, it has been submitted that, apart from the Chief Justice whose office is denoted by the use of the expression Justice, the other Judges of the High Court must be referred to as Judges simplicitor and not as Justices in all official documents pertaining to the High Court. 3. In order to consider the merits of the submission, it would be worthwhile to explore the history of the expression ‘justice’. The expression justice is derived from the Latin expression justitia which means righteousness or equity (The New Encyclopaedia Britannica, Volume 6, 15th Edition,at page 662). The expression has been intended to indicate the exercise of an authority in vindication of right by assigning reward or punishment. In another sense, the expression signifies the quality of being fair and just. Since 1200 AD, the word began to be used in English as a title for judicial officers. The expression ‘justice of the peace’ was first used in the early fourteenth century. In another sense, the expression signifies the quality of being fair and just. Since 1200 AD, the word began to be used in English as a title for judicial officers. The expression ‘justice of the peace’ was first used in the early fourteenth century. The expression which means to do justice to someone or something came to be used since the seventeenth century to denote the act of rendering fully and fairly showing due appreciation. Justice, meaning the exercise of authority in vindication of right by assigning reward or punishment is an expression which is over eight hundred and sixty years old. Apart from the word justitia, which traces its origin in the Latin expression that signifies righteousness and equity, a similar word with a Latin root was jus’tis, meaning thereby something which is upright and just. The original meaning of the expression in Latin and in French was adapted into old English to signify a title for judicial officers. In the English language as well, justice came to signify both the judicial administration of law or equity as well as persons administering the law. By the late sixteenth century, justice became personified, represented by a portrayal of a Goddess in painting and sculpture holding balanced scales and sword. She appeared blindfolded to symbolize the impartiality of true justice. Over time, justice began to be defined as the quality or principle of just dealing and conduct, including values, such as impartiality, fairness, objectivity and integrity. These are values which are attached both to the system of administering justice as well as to persons who are in charge of the administration of justice. In a constitutional set up, the expression justice is infused with a notion that all administration of law must be based on principles of fair and reasonable treatment. This requires a sense of objectivity, fair behaviour, integrity and dispassionate application of law to facts on the part of the adjudicating officer. 4. The New International Webster’s Comprehensive Dictionary of English Language (2003 Edition, at page 690) defines the expression ‘judge’ as follows: “judge (juj) n. 1. An officer invested with authority to administer justice; ... 1. To hear and decide in an official capacity the merits of (a case) or the guilt of (a person); examine and pass judgment on; try. ... Synonyms (noun): arbiter, arbitrator, justice, referee, umpire. An officer invested with authority to administer justice; ... 1. To hear and decide in an official capacity the merits of (a case) or the guilt of (a person); examine and pass judgment on; try. ... Synonyms (noun): arbiter, arbitrator, justice, referee, umpire. A judge, in the legal sense, is a judicial officer appointed or elected to preside in Courts of law, and to decide legal questions duly brought before him.” 5. The expression ‘justice’ (at page 693) is similarly defined as follows: “justice (jus’tis) n. 1. Conformity in conduct or practice to the principles of right or of positive law; regard for or fulfillment of obligations; rectitude; honesty. 2. The moral principle by which actions are determined as just or unjust. 3. Adherence to truth of fact; impartiality. 4. The rendering of what is due or merited; that which is due or merited; just requital or consideration. 5. The quality of being just or reasonable; rightness; equitableness. 6. A judge, as of the U.S. Supreme Court, etc.” 6. The Compact Oxford Dictionary, (Oxford University Press, page 489) defines the expression ‘judge’ thus: “judge • n. 1 informal beak, justice, magistrate. 2 adjudicator, arbiter, arbitrator, moderator, referee, umpire. 3 authority, connoisseur, critic, expert, reviewer. • v. 1 condemn, convict, examine, pass judgement on, pronounce judgement on, punish, sentence, try. 2 adjudicate, mediate, moderate, referee, umpire. 3 believe, conclude, consider, decide, decree, deem, determine, estimate, gauge, guess, reckon, rule, suppose. 4 appraise, assess, criticize, evaluate, give your opinion of, rate, rebuke, scold, sit in judgement on, size up, weigh.” Similarly, the expression ‘justice’ is defined as follows: “justice • n. 1 just behaviour or treatment. 2 the quality of being fair and reasonable. 3 the administration of law in a fair and reasonable way. 4 a judge or magistrate. • PHRASES do oneself justice perform as well as one is able. Do someone/thing justice treat or represent someone or something with due fairness. • ORIGIN Old French justise.” 7. The Black’s Law Dictionary (Eight edition, page 857), defines the expression ‘judge’ as follows: “judge, n. A public official appointed or elected to hear and decide legal matters in Court. • The term is sometimes held to include all officers appointed to decide litigated questions, including a justice of the peace and even jurors (who are judges of the facts). The Black’s Law Dictionary (Eight edition, page 857), defines the expression ‘judge’ as follows: “judge, n. A public official appointed or elected to hear and decide legal matters in Court. • The term is sometimes held to include all officers appointed to decide litigated questions, including a justice of the peace and even jurors (who are judges of the facts). But in ordinary legal usage, the term is limited to the sense of an officer who (1) is so named in his or her commission, and (2) presides in a Court. Judge is often used interchangeably with Court. See COURT (2).- Abbr. J. (and, in plural, JJ.). [Cases: Judges 1. C.J.S. Judges §§ 2-7]” 8. The expression ‘justice’ is defined to mean the fair and proper administration of law. P Ramanatha Aiyar’s Advanced Law Lexicon (Third Edition, Volume 3, page 2501) defines the expression ‘judge’ thus: “ “JUDGE” means the presiding judicial officer in every Civil and Criminal Court, by whatever title he is designated. [Legal Practitioners Act (18 of 1879), S. 3] “JUDGE” means a Judge of the Supreme Court and includes the Chief Justice and acting Chief Justice. [Supreme Court Judges (Salaries and Conditions of Service) Act (41 of 1958), S. 2 (e)] “Judge” means a Judge of the Supreme Court or of a High Court and includes the Chief Justice of India and the Chief Justice of a High Court. [Judges (Inquiry) Act (51 of 1968), S. 2 (c)]” 9. The expression ‘justice’ is defined, inter alia, as follows: “A justice is a person duly commissioned to hold Court, and to try and decide controversies and administer justice. 1. The exercise of authority or power in maintenance of right; vindication of right by assignment of reward or punishment; the administration of law or the form and process attending it; the principle of just dealing; just conduct [O. XXXV, R.4 (1)(b), CPC (5 of 1908) and Preamble. Const.]; a judge of High Court or the Supreme Court [S. 123 (3), CPC (5 of 1908)]; the quality of being morally just or righteous [S.191, Expln. 2, ill. (a), IPC (45 of 1860)]. The word ‘justice’ is issued interchangeably with ‘judge’. ‘Justice’ as used in the Code is synonymous with ‘judge’. Hence a justice of the High Court is included in the term ‘judge’ of such Court. (Pages 2543 and 2544) 10. 2, ill. (a), IPC (45 of 1860)]. The word ‘justice’ is issued interchangeably with ‘judge’. ‘Justice’ as used in the Code is synonymous with ‘judge’. Hence a justice of the High Court is included in the term ‘judge’ of such Court. (Pages 2543 and 2544) 10. The reason why the expression justice was used interchangeably with judge is stated to be associated with the historical origin of the expression. In ancient times, the Latin word for judge was justitia. 11. The evolution of the expression justice indicates that the term has been used to signify the quality of being just or reasonable on the one hand and the administration of law in a fair and reasonable way on the other. Justice is also an appellation which denotes the Judge who renders justice. Judge and Justice in that sense are used interchangeably. 12. We find no constitutional violation in attaching to Judges of the superior Courts in India the appellation ‘Justice’. The Constitution does not prohibit it. The fact that Article 216 uses the expression Chief Justice on the one hand and Judges of the High Court on the other, does not indicate that Judges are not Justices or that only the Chief Justice is a Justice who is vested with the power of administering law in accordance with the mandate of the Constitution. The Chief Justice is primus inter pares: the first amongst equals. In fulfilling judicial duties, the Chief Justice performs the role of a Judge. In the role of a Judge that a Chief Justice performs, she or he is basically vested with the same judicial duties and obligations as any other Judge of that Court. Hence, we see no infraction in the individual Judges of the High Court being adverted to in official documents as Justices of the Court. The expression Judge and Justice is used interchangeably. Modern expressions often do have a historical origin and are rooted in history and tradition. With the advent of modern times, there may well be a reason to look at historical usage afresh, but conventions which are built up over time are also intended to subserve the sense of continuity in institutions of which a Judge administering justice is no exception. For that matter, conventions are built into the silences of the Constitution as well. 13. For that matter, conventions are built into the silences of the Constitution as well. 13. For these reasons, we see no reason to entertain the petition despite the persuasive submissions which have been urged before the Court by the petitioner in person. The Court records its appreciation of the learned counsel for the respondents for painstaking by researching the issues. 14. The writ petition is accordingly dismissed. There shall be no order as to costs. ——————