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Shri Vivian Bose, Retired Judge of the Supreme Court of India (A Tribute)

By Hon'ble K. K. Mathew

Published In

Air 1975

We have met here to honors a man whose achievements lie in many fields. I do not think it possible to do justice to the content of so manifold a nature and so full a life. His life was spent mainly in the service of law His triumphs and achievements there stand written at large in the records of the High Court functioning here and the Supreme Court of India. Law is a precipitate of a long past of active controversy and it cannot be administered successfully by those to whom equilibrium has no proper value of its own. Judges do change the law and probably they must. But they should do it only interstitially, as Justice Holmes said, from the molar to the molecular. One reason for that is that the authority and the immunity of a judge depend upon the assumption that he speaks with the mouth of others. The momentum of his utterances must be greater than any which his personal reputation and character can command. As Learned Hand said, "a judge must pose as a kind of oracle ....

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