The former CJI emphasized the importance of creating a national-level judicial recruitment process to strengthen India’s judicial system.
Odisha: Former Chief Justice of India (CJI) Dhananjaya Yeshwant Chandrachud, while speaking at the Odisha Television Limited’s (OTV) annual convention ‘Foresight 2025—Changing Times Changing Minds’ in Bhubaneswar, highlighted the urgent need for judicial reforms and an All India Judicial Services (AIJS) system.
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The former CJI emphasized the importance of creating a national-level judicial recruitment process to strengthen India’s judicial system.
He stated “We are now moving towards a highly developed economy and India is completely different to what it was in 1960s or 70s as far as the judicial reforms are concerned.”
According to Chandrachud, improving the judge-to-population ratio and enhancing judicial infrastructure is critical for the country’s growth.
He explained:
“If we have to take our nation to the next level, judicial reforms will be crucial as the existence of rule of law and efficient judicial system is critical for the realisation of rights of citizen and critical to the prospering of business. From both perspectives, an investor wants transparency, objectivity and certainty of outcomes. The judge to population ratio is very low and we need more judges; secondly, we need enhancement of infrastructure from district court to high courts across India and all vacant posts in Indian judiciary are fulfilled.”
Chandrachud pointed out that district judiciary recruitment is a state subject, handled by Governors in consultation with High Courts, not by the Supreme Court or the central government. However, he advocated for a unified national exam:
“Can we bring All India Judicial Services…? I think it is important in the present context. Today, State governments say that we have a federal structure and they are concerned with the fact that an Indian Judicial Service can dilute Indian Federalism.”
He proposed a balanced approach to address these federal concerns:
“My answer is that you should have one common examination for recruitment all over the country so that you get best from across the country. Someone from Tamil Nadu can go to Odisha and someone from Odisha can go to Meghalaya and so on and sub-serve the purpose of integrating India into one country.”
He also suggested accommodating state-specific reservations within a national merit-based recruitment system:
“There can be one common entrance examination and recruitment on the basis of merit list in that examination and applying reservation in each particular state.”
Chandrachud stressed the need for changing attitudes within the legal profession, especially concerning unnecessary delays:
“We also have to change the mindsets. The lawyers in particularly obstruct criminal justice administration by asking for adjournments, not ready with their cases. I think there’s also need to bring change in the mindset on part of those who are vital stakeholders in the process of delivery of justice.”
The former CJI discussed the issue of delayed trials and the reluctance of district judges to grant bail:
“Judge never serves summons, rather police does it in criminal cases. Police officials have other responsibly and duties. Trials cannot be held when summons are not issued to witnesses and accused who are on bail.”
He underscored the importance of applying the principle of presumption of innocence:
“I am deeply concerned that there is reluctance on part of district judiciary to grant bail. The district judiciary is the first point of interface with common citizens and it is important that they apply to two principles- principles of presumption of innocence that every accused is presumed to innocence until proved guilty and secondly, bail should be the normal rule and jail should be the exception. But in case of serious offences, you have to deny bail. A judge has also not look at the interest of the accused but also the society.”
He explained the need for balance in granting bail, considering both individual rights and public safety:
“If someone is accused of rape and murder, will you want to grant bail to such a person when you have to protect the interest of the society too? But there are cases where there are hundreds of witnesses and the trial will take 7 to 8 years. So, how long you can keep a person in jail?”
Chandrachud also pointed out the culture of distrust affecting judicial decisions:
“The district judiciary is reluctant as we generally live in a culture of distrust today. We do not trust our public officials and judges are no exception. If a district judge grants bail and if the bail is cancelled, we should not passing moral strictures on the district judge. If a wrong grant of bail has been made, it can be reversed by higher court.”
Former CJI DY Chandrachud’s speech at OTV Foresight 2025 painted a clear picture of the urgent need for judicial reforms in India. From creating a unified judicial recruitment system to addressing systemic delays and changing mindsets, his suggestions provide a comprehensive roadmap for strengthening the Indian judiciary. His emphasis on balancing rights, public safety, and judicial independence highlights the need for thoughtful, collective action to ensure a faster and more efficient justice system for all Indians.
By addressing the core issues he highlighted — judge vacancies, infrastructure gaps, and procedural delays — India can move closer to building a robust judicial system that not only upholds the rule of law but also fosters trust, fairness, and transparency across all levels of the judiciary.
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