In his address at the Bhutan Distinguished Speakers’ Forum, Chief Justice D.Y. Chandrachud stressed the importance of judicial independence, transparency, and technology in building public trust. He emphasized that judges must remain unaffected by popular opinion, ensuring unbiased justice. He also highlighted how technology can enhance access to justice while addressing social inequalities.
New Delhi: In a thought-provoking address at the Bhutan Distinguished Speakers’ Forum, Chief Justice of India (CJI) D.Y. Chandrachud emphasized the critical role of judicial independence and transparency in fostering public trust. Speaking on “Judicial legitimacy through accessibility, transparency, and technology: the Indian experience,” the CJI underscored the importance of courts operating in a manner “unencumbered by popular morality” when making decisions on constitutional and legal matters.
Institutional Trust and Judicial Credibility
CJI Chandrachud highlighted that the judiciary’s credibility and institutional trust are the very foundations of a thriving constitutional order. He pointed out that courts do not hold resources directly as trustees of the people but are integral in ensuring the fairness of how resources are distributed. “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 Indian Supreme Court prides itself in being the people’s court,” he remarked.
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The judiciary’s role in scrutinizing the fairness of state allocations, contracts, and distribution of natural resources, while not being involved in the actual allocation, reflects its mandate of ensuring equity and fairness. CJI Chandrachud further elaborated, “It does, however, fall upon us to adjudicate the fairness of that distribution, should it be questioned.”
Judges and Popular Morality
Distinguishing the judiciary from the political executive, the CJI noted that judges are trained to apply the law impartially, unaffected by the popularity of their decisions. “Judges are supposed to act in a manner that is unencumbered by popular morality when deciding Constitutional or legal questions,” he asserted. This independence allows for unbiased decision-making, ensuring that justice is delivered without succumbing to populist pressures. “In fact, populist decision-making sits rather uncomfortably on the sinewy shoulders of judicial independence,” he added.
Transparency and Accessibility Through Technology
Transparency, CJI Chandrachud noted, is crucial for fostering public trust in the judiciary. “Sunlight is not only the best disinfectant but also begets public trust and helps keep the house in order,” he said. This transparency is vital for ensuring that judicial institutions are well-managed, efficient, and accountable.
The CJI also discussed the implementation of live-streaming court proceedings, an initiative that enhances internal efficiency and makes the legal process more accessible to the public. He stressed that the concept of Public Interest Litigation (PIL), which originated in India, has since been adopted by several other nations and stands as a testament to the judiciary’s commitment to inclusivity and accessibility.
Technology and the Future of Indian Courts
CJI Chandrachud highlighted India’s adoption of technology, particularly in response to the challenges posed by the COVID-19 pandemic. The introduction of hybrid court hearings and virtual courts has bridged geographical barriers, making it easier for people from smaller towns, individuals with physical impairments, and the elderly to access justice. “Virtual Courts and video-conferencing have helped us overcome the massive geographical limitation faced by our litigants from smaller pockets of the country,” he stated.
However, the CJI cautioned that while technology has significantly improved accessibility, it is not a cure-all for social inequalities. He emphasized that tech-enabled measures must be embraced to further judicial accountability.
In conclusion, CJI Chandrachud’s address highlighted the Indian judiciary’s commitment to independence, fairness, and transparency, underscoring that justice must not only be done but must be seen to be done.
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