Chief Justice Chandrachud on Sunday, at Supreme Court’s Dimond Jubilee emphasized the insufficiency of constitutional safeguards alone in ensuring the judiciary’s independence.
On Sunday, January 28, while addressing the Diamond Jubilee of the Supreme Court of India, Chief Justice Chandrachud delivered profound remark on the judiciary’s role and challenges. Celebrating 75 years of the Supreme Court’s establishment, CJI Chandrachud’s speech underscored the complexities of legal disputes and the court’s steadfast dedication to upholding the Constitution and the rule of law.
Chief Justice Chandrachud emphasized the insufficiency of constitutional safeguards alone in ensuring the judiciary’s independence. He stated,
“The Constitution entrenches several institutional safeguards for an independent judiciary such as a fixed retirement age and a bar against the alteration of the salary of judges after their appointment. However, these constitutional safeguards are not in themselves sufficient to ensure an independent judiciary.”
He highlighted the necessity for judges to be independent in their roles, free from social, political pressures, and inherent biases. The Chief Justice pointed out the ongoing efforts within the institution to “educate and sensitize judges across courts to unlearn their subconscious attitudes inculcated by social conditioning on gender, disability, race caste and sexuality.“
Reflecting on the Supreme Court’s inaugural sitting in 1950, Chief Justice Chandrachud recalled Chief Justice HJ Kania’s emphasis on three key principles: judicial independence, the Constitution as a living document, and earning public respect for the court’s legitimacy. He noted,
“Much has changed in the 75 years since the inaugural sitting, [but] the 3 principles highlighted by CJ Kania continue to remain as relevant today to the functioning of an independent Supreme Court.”
Addressing the issue of increasing case pendency, the Chief Justice revealed a staggering statistic:
“Currently, a total of 65,915 registered cases are pending before the Supreme Court.”
He expressed concern over the court’s functionality amidst this backlog, stating,
“There has to be a radical change in the approach to decision making. In our desire to ensure justice in each individual case, should we risk the Court becoming dysfunctional?”
CJI Chandrachud also spoke about the court’s polyvocal nature, saying,
“The strength of our polyvocal nature lies in its ability to adapt dialogue as a processual instrument in bringing together a synthesis of ideas. The synthesis in our Court brings together diversity and respects inclusion. That is the true social ethos of the Court, its social conscience. In the many that wear its apparel, the Court emerges as one soul which knits together the Bar and the Bench in our desire to ensure justice to our citizens.”
Highlighting the public’s faith in the judiciary, he contrasted the number of letter petitions received in 1985 (24,716) with those in 2022 (1,15,120), calling it an “exponential surge.” He cautioned judges to discern the judicial function’s limits in these petitions and said,
“This Court has over the course of years faced immense difficulty in keeping up with the surge in the institution of cases. Currently, a total of 65,915 registered cases are pending before the Supreme Court. As much as we would like to reassure ourselves that the mounting pile represents the faith of citizens in the line, we need to ask hard questions on what needs to be done. There has to be a radical change in the approach to decision making. In our desire to ensure justice in each individual case, should we risk the Court becoming dysfunctional?”
Chief Justice Chandrachud also expressed deep gratitude towards Bar which helped through its assistance in ruling the matters, as he said,
“All too often, the rich jurisprudence evolved by this Court is viewed as the work of craftmanship of the judges who author these decisions. The sleepless nights and the incisive minds of each lawyer ought not to be glossed over under the pen of the judge. The celebration of the history of this Court is complete as we recognize the contribution of advocates to this Court’s rich tapestry,”.
In his concluding remarks, Chief Justice Chandrachud asserted the Supreme Court’s role as a final arbiter, emphasizing its responsibility to use power for liberation and inclusion, not oppression. He reminded that the court, while final, is open to critique and improvement, stating,
“The novel challenges of today must never distract us from this most sacred duty of the Court. The framers of the Constitution clothed the Judges of the Supreme Court with immense power and independence and cast upon them the task of restricting the exercise of unbridled power.”
This historic address by Chief Justice Chandrachud at the Diamond Jubilee of the Supreme Court of India marks a significant moment, reflecting the judiciary’s commitment to evolving and adapting in its pursuit of justice and upholding the dynamic ethos of the Indian legal system.
