Chief Justice of India, Dr. Justice D Y Chandrachud, who now completes 23 years of service as a judge becoming the longest-serving judge of the country, was one of the interviewees at the India Today Conclave 2023, where he opened up on his vision for transforming India, and reforming the Indian Judicial System.
Here are some key highlights from the interview:
BACKLOG OF CASES AND JUDGES OBTAINING HOLIDAYS:
Given that there are 69,000 cases pending in the Supreme Court and 59 Lakh across 25 High Courts, the CJI observed it with optimism, as a reflection of the leap of faith that still exists among citizens in the courts of the country. However, it also indicated the derth of adequate infrastructure in the judiciary that obstructs accessibility towards the system. He affirmed that his vision is to integrate the Indian Judiciary with technology to improve its accessibility and transparency towards people. The use of technology became relevant since the Covid-19 pandemic, where the doors of the courts were not shut, but rather an innovative alternative system called Video Conferencing was introduced in the courts. Recently, the system of Livestreaming of cases in the Supreme Court was launched to enable citizens to construe what actually happens inside. Thus, the CJI pointed that justice is not just a sovereign function, but also a diligent service to the country; that his aim is to look at technology beyond covid.
A question likely to arise concerning the backlog of cases is:
Why does the Supreme Court often deal with the smallest of cases?
The CJI clarified that the Indian model of Judiciary was one which shifted from being colonial to independent; it is based on the absolute concept of ‘ACCESS TO JUSTICE’. Unlike the American Supreme Court (for example), where cases are chosen or picked up, the Indian Judicial system opens its doors to each and every citizen as intended by the founding fathers of the Indian Constitution. In the eyes of the Apex Court, no case is too big or small. A case of bail is given the same degree of attention as one involving a question of constitutionality because in the former, lives of human beings are being dealt with, while in the latter, the future of the Indian society is chartered with a decision.
The CJI addressed the misconception among common man of judges exercising too much holidays given the pendency of cases, with remarkable charisma and solemnity. Juxtaposing the annual sitting of Indian judiciary which is 200 days, with other judicial systems such as that of America, Australia and Singapore which ranges from around 80-145 days, he pointed out that most of the holidays in reality, are utilised by judges to keep abreast of reserved judgements yet to be delivered; judging is a time-consuming process which is not confined to disposing off cases and maintaining high statistics of disposal but beyond; it is a matter of introspection and reflection that the judge focuses on, because he/she is aware that the decision taken should not affect the quality of justice rendered.
COLLEGIUM SYSTEM AND THE INDEPENDENCE OF JUDICIARY:
The CJI highlighted the core reason for the existence of the Collegium System: The judicial system should be devoid of any external influence likely to affect decision-making and instill bias. This maintains the independence of the judiciary. Furthermore, the current Indian Judiciary emphasises diversity in meritocracy; A more gender-inclusive, diverse system of judges and lawyers from different regions, communities and states. However, merit is one facet that is never compromised, and representation never left out.
Regarding its transparency, the Collegium Resolution being available at the Apex Court’s official website, the CJI responded that citizens are now free to critique the process of appointment clearly described in it.
He firmly stated that in all years of service till date, no one has asked him to decide a case in a particular way. He also clarified on the existence of pressure; it is not from the executive, but rather on the conscience. It is a process of introspection because these judgements have ramifications on the present society and its future as well.
INDIANISING THE INDIAN JUDICIARY:
According to the CJI, the language of discourse among common citizens is the base for the above process. While English is the universal language which also occupies place in Indian statutes, native languages are often used in District Judiciaries. It is essential to reach out to people and the easiest way is in the languages they understand. For common citizens or law students to access judgements, 34,000 judgements (1950-2023) have been digitized and uploaded in ‘The Supreme Court Report’ for easier access transcending financial barriers; In addition, initiatives have commenced to translate all judgements into all languages recognized by the Constitution. This in turn, instills a sense of accountability both among citizens and courts.
SOCIAL MEDIA:
The CJI issued a word of caution when asked about social media that often, the conversational dialogues in between the arguments in court concerning a case are highlighted and deemed to be the ulitmate view of the judge by netizens. But in reality, it is far from truth. He exemplified that in some cases, the judge may change his/her mind in the last minute, thanks to the lawyer. Sometimes, the remarks made during the hearing by a judge may not be proximal vis-a-vis the final judgement. He pointed out the need of differentiation between conversations in court hearings and final judgements.
AS A FINAL NOTE, TO YOUNG LAWYERS:
Dr. Justice D Y Chandrachud added that while actively absorbing diverse view points from the public domain on various issues, it is essential for a judge to keep them outside the four walls of a courtroom and decide a case on records. While he acknowledged that judges are human beings, he observed it as a process of self-confrontation, where you must be devoid of your own biases to not affect the outcome of a case.
When you judge, do not be judgemental.
To conclude, here is the mind-blowing question quoted by the CJI as an anecdote from one of his senior colleagues, that resonates a call for action to the younger generation:
Do you want to become a judge who earns a fortune, who’ll be known for the number of cases disposed off or one who will be remembered for making a difference in the society?
To listen more, watch the video! : https://www.youtube.com/watch?v=cqJ8Zu-IwAY
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