Institutional trust in courts and their credibility is the very basis of a thriving constitutional order, Chief Justice of India (CJI) D Y Chandcrachud said on Wednesday (Oct 9). CJI was speaking at the Bhutan Distinguished Speakers’ Forum, a part of the Jigme Singye Wangchuck Lecture Series, on the subject of ‘Judicial Legitimacy through accessibility, transparency and technology: the Indian experience’. Dealing with the issue of public trust, the CJI said that courts do not directly hold resources as trustees of people.
Thank you for reading this post, don't forget to subscribe!
BHUTAN: Institutional trust in courts and their credibility forms the foundation of a thriving constitutional order, Chief Justice of India (CJI) D.Y. Chandrachud emphasized on Wednesday. He made this statement while addressing the Bhutan Distinguished Speakers’ Forum, part of the Jigme Singye Wangchuck Lecture Series.
The subject of his lecture was-
Judicial Legitimacy through Accessibility, Transparency, and Technology: The Indian Experience
In his address, the CJI highlighted the critical issue of public trust in the judiciary, noting that while courts do not directly manage public resources, they have a crucial role to play in ensuring equity and justice. He explained that judicial bodies may not control how resources are distributed, but they are responsible for evaluating the fairness of that distribution.
“However, it does fall upon us to adjudicate the fairness of that distribution, should it be questioned,”
-he pointed out.
CJI Chandrachud further elaborated on the importance of public confidence in the judiciary, emphasizing,
“Yet the courts of the country do require public trust and legitimacy. Institutional trust in the constitutional and other courts of the country is the very basis of a thriving constitutional order.”
He went on to stress that-
“Public trust is central to the credibility of the judicial branch which is otherwise insulated from public opinion in its operations—as it must be.”
The Chief Justice took pride in the fact that the Indian Supreme Court is recognized as the “people’s court.”
He also acknowledged that the judiciary has, on numerous occasions, scrutinized the distributional fairness of state resources, such as government contracts and natural resources.
Addressing the expectations placed on judges, CJI Chandrachud stated that they must make decisions with impartiality, unaffected by popular morality or public opinion.
“Even at the level of trial courts, judges are supposed to apply the letter and the spirit of the law with clinical detachment from the popularity of their decisions,”
-he remarked.
He underscored that judicial appointments and tenure are not determined by the popularity of their rulings.
“Thus, neither the appointment nor the continuity of judges is determined by popular mandate enjoyed by their decisions, in that sense. In fact, populist decision-making sits rather uncomfortably with judicial independence,”
-he added.
The CJI also touched upon India’s unique use of Public Interest Litigation (PIL), which has become an integral part of the nation’s constitutional framework. This mechanism has been emulated by several other countries.
A significant portion of his speech focused on how India has harnessed technology to improve access to justice.
“Our e-courts project began in 2007 as a countrywide initiative to improve judicial efficiency and justice delivery. We now have the facility of filing cases at the click of a button through our e-filing platform. We have been witnessing a marked decline in physical filings,”
-he stated.
He also highlighted the introduction of hybrid court hearings, which became a necessity during the COVID-19 pandemic and are now a permanent feature in Indian courts.
“Virtual Courts and video-conferencing have helped us overcome the massive geographical limitation faced by our litigants from smaller pockets of the country,”
-he noted.
This technological advancement has also been a boon for individuals with physical impairments, pregnant women, and the elderly, who can now attend hearings remotely.
“Also, persons with physical impairments, pregnant women, and persons in their advanced years can now access the courtroom virtually,”
-he added.
However, the CJI was careful to point out that while technology has made significant strides in improving access to justice, it is not a cure-all for societal inequalities. He concluded by saying,
“Technology is not a one-stop panacea for all social inequalities, but the country must not shy away from tech-enabled measures that further judicial accountability.”
By leveraging technology and maintaining a steadfast commitment to impartiality and public trust, the Indian judiciary continues to uphold its critical role in safeguarding the constitutional order.
Click Here to Read Previous Reports on CJI
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
