Justice BR Gavai emphasized the critical need to maintain public trust in the judiciary, warning that a trust deficit could lead to vigilantism, mob justice, and erosion of law and order. He stressed the importance of transparency, timely justice, and judicial independence to safeguard the credibility of the judicial system.
New Delhi: Justice BR Gavai of the Supreme Court highlighted the critical importance of maintaining public confidence in the judiciary, stating that it is essential for the functioning of democracy and the rule of law. He spoke on this topic during a two-day annual conference organized by the Gujarat High Court for judicial officers in the state.
“Democracy is not just about the rule of the people by the majority. In the view of Dr. BR Ambedkar, institutional safeguards are necessary for the working of a democracy,”
Justice Gavai remarked. He emphasized that the judiciary serves as a crucial institution, maintaining the rule of law, acting against the excesses of the state, and protecting citizens from violations of their rights.
Justice Gavai warned that a trust deficit in the judiciary threatens the very foundation of the institution. He elaborated,
“A trust deficit might push people to seek justice outside the formal judicial system—through informal ways of vigilantism, corruption, and mob justice. This can lead to the erosion of law and order in society.”
Delays in Justice: A Breach of Trust
One of the key points in Justice Gavai’s address was the prolonged delays in justice delivery, which he said undermines public confidence in the judicial system. “Victims suffer because delays prolong their trauma and hinder closure,” he said, adding that it also impacts the ability to ensure fair trials. Evidence deteriorates, memories fade, and witnesses may become unavailable, all of which damage perceptions of justice and efficiency.
Justice Gavai also highlighted the financial and mental strain that delays impose on litigants, tarnishing the judiciary’s image.
“If an innocent person remains an undertrial for an extended period and is later acquitted, it can still create a social stigma against them, thus violating their fundamental right to dignity,”
he remarked.
Corruption and Separation of Powers: Safeguards for Judicial Integrity
Justice Gavai did not shy away from addressing corruption within the judiciary, noting that even a trace of corruption, whether through bribery, partiality, or undue influence, can undermine the foundation of the legal system. He lauded the High Courts for taking strict action in instances of corruption in the district judiciary but stressed that such actions erode public trust and perpetuate injustice.
Another critical point raised by Justice Gavai was the importance of preserving the separation of powers. He emphasized that the judiciary must remain independent from both the executive and the legislative branches. Any encroachment, whether through political interference or legislative overreach, undermines the concept of impartial justice.
Transparency and Judicial Accountability
Addressing the issue of transparency, Justice Gavai said that judicial decisions must come with clear reasoning. He noted that a lack of transparency breeds skepticism and that the public has the right to understand not just the outcomes but also the reasoning behind them. “The appearance of justice must be as visible as justice itself,” he remarked.
Judicial Ethics and Social Responsibility
Justice Gavai also spoke on the conduct of judges both on and off the bench, stating that their behavior must adhere to the highest standards of judicial ethics. He stressed that when judges express opinions about women or other marginalized groups, it can raise questions about their impartiality in cases involving those communities.
Fake News and Misinformation: A Threat to Judicial Credibility
In the age of social media, Justice Gavai acknowledged the growing threat posed by fake news and misinformation. He pointed out that while digital platforms have increased connectivity and access to information, they have also contributed to the spread of misinformation, often sensationalizing routine judicial actions as “big breaking news.” This, he said, distorts public perceptions of judicial institutions and actions.
Justice Gavai concluded his speech by reiterating that the public’s trust in the judiciary must be nurtured and protected at all costs, as it forms the bedrock of the democratic and legal order of India. Without it, the very essence of justice is at risk of being compromised.
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