Tag: CJI

  • Live streaming of court proceedings has flipside, judges need to be trained: CJI

    Live streaming of court proceedings has flipside, judges need to be trained: CJI

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    Cuttack: Chief Justice of India (CJI) D.Y. Chandrachud on Saturday said live streaming of court proceedings has a flipside, adding the judges need to be trained “because every word that we say is up in the public realm”.

    Speaking at the Neutral Citation for the Indian Judiciary and National Conference on Digitisation, CJI Chandrachud said: “Today, most of the High Courts are doing live streaming on YouTube. You have those little clips about a judge in the Patna High Court asking an IAS officer why he was not appropriately dressed, or somebody in the Gujarat High Court saying something about why a lawyer is not ready with her cases.

    “A lot of funny stuff is going on YouTube, which we need to control because this is serious. What happens in a court is extremely serious stuff. Live streaming we are doing has a flip side. We as judges need to train ourselves as we are now working in the age of social media,” said the CJI.

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    Chandrachud said he realised this during the live stream of constitution bench arguments.

    “Very often, citizens don’t realise that what we say in the course of hearing is to open up a dialogue. What you said does not necessarily reflect what you have decided in a case. But, people don’t understand this at large,” he said.

    “So, live streaming or interface with social media places new demands on us as judges. We need to create a robust cloud infrastructure for live streaming,” the CJI said.

    He further said there is a need for creating cloud infrastructure for live streaming and it is perhaps one way to have a central national cloud infrastructure and additional hardware for courts.

    Next important area is technical advancements which the third phase envisages and this will refer to software developments, the use of artificial intelligence, blockchain, and digital accessibility, he added.

    Stating that artificial intelligence has a flip side as well, Chandrachud said: “For instance, it would be very difficult in allowing artificial intelligence to tell us what sentence to hand down following a conviction in a criminal case.”

    Speaking about his vision to create paperless and virtual courts, the CJI said: “The Supreme Court is not the Supreme Court of Tilak Marg, it is for India, of India, by India. Likewise, each High Court is not the High Court of the capital of the state, but the citizens across the state.”

    “Odisha has opened virtual courts in 22 districts. We cannot have benches of the High Court in as many districts as we have set up virtual courts. The opening of virtual courts will ensure access to justice for all those who don’t have access to the High Court,” he pointed out.

    “Some of the finest lawyers are not only confined to the capital city of states. Many of them don’t even move to the capital cities for lack of resources and family reasons. For a variety of reasons, they are confined to their own districts. So why cannot they present their cases before the High Court?” wondered the CJI.

    He further said that the purpose of pitchforking technology is not to place it away from citizens but to reach out to the common citizens of the country. The total outlay for Phase II is Rs 7,210 crore, which is going to be executed between 2023-27.

    While Rs 2,024 crore was provided for 2023-24, Rs 1,906 crore earmarked for 2024-25, Rs 1,523 crore for 2025-26 and Rs 1,552 crore for 2026-27.

    “When we pitched for this budget, not a single rupee was cut by the Union government,” he added.



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    ( With inputs from www.siasat.com )

  • Full strength SC should not be aberration but regular feature: CJI Chandrachud

    Full strength SC should not be aberration but regular feature: CJI Chandrachud

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    New Delhi: Chief Justice of India (CJI) D Y Chandrachud has said a Supreme Court functioning at its full strength should not be an “aberration” but a “regular feature” and asked the in-house think tank –Center for Research and Planning (CRP)– to collect data of top 50 judges in the country for selection as future apex court judges.

    With the swearing-in of Justices Rajesh Bindal and Aravind Kumar, on February 13, this year, the top court got the full strength of 34 judges including the CJI.

    The CRP was set up in 2018 by the then CJI, Ranjan Gogoi, to strengthen the knowledge infrastructure of Supreme Court and, apart from research, the think tank is mandated to focus on outreach that includes explaining key decisions of the SC as well as its contribution to law and justice, besides the working of courts.

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    The CJI was speaking at a function organised by the Supreme Court Bar Association (SCBA) on Tuesday to felicitate justices Dipankar Datta, Pankaj Mithal, Sanjay Karol, Sanjay Kumar, Ahsanuddin Amanullah, Manoj Mishra, Rajesh Bindal and Aravind Kumar for their recent induction as apex court judges.

    The top court faces the prospect of six judges retiring this year.

    “One of my missions has been to ensure that a full-strength Supreme Court is not an aberration but a regular feature of the Supreme Court. There is absolutely no justification or reason for the Collegium to keep even a single vacancy unfilled in the Supreme Court and that will be my mission for the future as well,” the CJI said.

    He also said that CRP has been directed to collect data of the top 50 judges in the country for selection as future Supreme Court judges and this will assist the Permanent Secretariat of the collegium which deals with judicial appointments.

    “The CRP has some extraordinarily talented young people including young judicial officers who I have recruited. It is headed by an officer from the Punjab and Haryana High Court, a young dalit student…,” he said.

    This collection of data was never done, he said, adding the collegiums will now have the judgements and their numbers.

    “The idea is to promote a sense of objectivity in the work which the Collegium does. So the CRP will now merge its activities with the permanent Secretariat of the CJI,” he said.

    He said, as of today, all apex court judges have been appointed between 2006 and 2011 as judges of the High Courts, and the sum total of their cumulative experience as judges works to about 121 years.

    “121 years, 13 states, one of the union territories. So this gives you an idea of the diversity and the depth of the experience which our colleagues bring to the bench,” Justice Chandrachud said.

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    ( With inputs from www.siasat.com )

  • In today’s fraught times, mediation has an imp message: CJI Chandrachud

    In today’s fraught times, mediation has an imp message: CJI Chandrachud

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    New Delhi: Chief Justice of India D.Y. Chandrachud on Friday said that the Centre should adopt mediation in a big way instead of taking recourse to litigation for resolving disputes.

    Mediation is a process that involves resolving disagreements, bringing together various stakeholders, and finding a common ground, he said at a national seminar on ‘Mediation: At The Dawn of a Golden age’ held at the Delhi High Court.

    The event was organised by the Delhi High Court Mediation and Conciliation Centre, Samadhan under the aegis of the National Legal Services Authority and the Mediation and Conciliation Project Committee.

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    The CJI stressed said that when the government, which is the largest litigator in the country, mediates, it sends a message that in the framework of law, the government is not an adversarial opponent to the citizens.

    “The government must adopt the robes of a friend, a partner and a problem solver,” the CJI said.

    “The framers of the our Constitution recognised the need to create a document should reflect the will and aspirations of our people. They had to create a framework to resolve many disagreements,” he highlighted.

    He said that in today’s fraught times, mediation has an important message for us as citizens. “Are we losing our ability to talk to each other across the spectrum? Are we losing our ability to engage in reasoned dialogue?” he asked, pointing out how mediation helps in listening to others’ viewpoint.

    “Is it not necessary therefore that we should pick up something from mediation which is, importantly, being good listeners, understanding the other’s point of view and not only insisting that the dogma we espouse is the only dogma which is relevant to the times,” he said.

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    ( With inputs from www.siasat.com )

  • ‘Don’t mess around with my authority’: CJI Chandrachud warns lawyer

    ‘Don’t mess around with my authority’: CJI Chandrachud warns lawyer

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    New Delhi: A bench headed by Chief Justice of India D.Y. Chandrachud everyday usually hears around 100 cases on an average seeking urgent listing before the benches of the Supreme Court. The Chief Justice’s court is often packed with lawyers, who mention their matter seeking urgent hearing.

    During the mentioning of the cases, the Chief Justice is very soft spoken while engaging with lawyers and has rarely lost his cool during the court proceedings. However, on Tuesday, he got irked and warned a lawyer: “Don’t mess around with my authority.”

    The lawyer had mentioned a case and requested the court for an early hearing in the matter but after the bench told him that his matter will be listed on April 17, he asked the liberty to mention the matter before another bench. “I can mention before another bench, if permitted,” said the lawyer.

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    The bench, headed by the Chief Justice, and also comprising Justices P.S. Narasimha and J.B. Pardiwala, told the lawyer not to play tricks with him and said: “You can’t mention it here and then elsewhere for an earlier date.”

    The lawyer understood that his submissions have irked the Chief Justice and expressed regret and said he should be excused for his submissions.

    The Chief Justice told the lawyer, “Yes, you are excused. But do not mess around with my authority”, as he proceeded with the mentioning process.

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    ( With inputs from www.siasat.com )

  • Journalism is a tool of democracy, was proved by CJI at Ram Nath Goenka Awards

    Journalism is a tool of democracy, was proved by CJI at Ram Nath Goenka Awards

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    Journalism is a tool of democracy. While I had gone to attend the annual Ram Nath Goenka Awards for the journalists, I thought that it would be just like another five star elitist function as per the Persian idiom, “Nashistan, do guftan, khurdan, v barkhastan, meaning, “Meeting, discussing, eating and finally departing! It wasn’t that, at least for me, it was a day of reckoning! Nevertheless, the kind of inimitable topics for which the scribes were chosen, did confirm that this was just the address on the envelope and much was in store for the eager visitors, all very prominent people in the form of the addresses by Justice DY Chandrachud and Raj Kamal Jha, The Indian Express editor! For example, the bare youth, Tarun Rawat, the shutterbug of the Times of India, who had shot the pistol-shot of a man during the Jamia Millia Islamia CAA protests, walked away with the covetous award! All the 43 odd awards were for unique dedication and devotion of the pen smiths and shutterbugs, with reportages with even at the cost of their lives for bringing truth to the world.

    A full to capacity, Kamal Mahal of ITC Maurya Hotel in Chanakyapuri, was bubbling with intellectuals and scholars from all walks of life, eagerly waiting for the propitious moment, when Justice Chandrachud would address the gathering and I vouch, he took the floor with words pouring out of his mouth like petals of fragrant flowers of all hues amidst non-stop clapping! Since the day he has sat on the seat of judgment, people’s faith has been restored in the cliché, “Justice dawns from Heaven,” owing to his bold and brave judgments daring into the eyes of the top notch managers of the present governance!

    The real soul-stirring and churning time came, when the Chief Justice of the Apex Court, Justice DY Chandrachud and Raj Kamal Jha took charge. Both of them delivered the treatises that reminded me of a similar struggle faced India’s highly revered Freedom fighter, first minister of education and Bharat Ratna, Maulana Abul Kalam Azad, about whom, once in a 2005 PIL by me, for opening the locks of Maulana Azad mausoleum near Jama Masjid, mostly occupied by anti-social elements indulging in consuming smack and marijuana, Justice Vijendra Jain, in the High Court of Delhi (court No. 6), to my astonishment and of course, joy, had stated in his Order that the sacrifices of Maulana Azad for the freedom of India were even greater than those of Mahatama Gandhi and Pandit Nehru! This great statesman of India too had suffered a lot both as a journalist and editor as he was jailed many times for building bridges between Hindus and Muslims against the English perpetrators and his weekly Urdu newspapers, Al-Hilal and Al-Balagh, that were sold like hot cakes, the moment they were on the stands in markets, like The Indian Express today, were closed down by the English.

    Abul Kalam Azad who was a great Indian nationalist and patriot, criticized the British for racial discrimination and ignoring the needs of the common Indians plus the Muslim politicians who held communal views to support the demand of the All India Muslim League for the vivisection of India on communal lines. Azad furiously opposed the division of Bengal in 1905 which was against the national integration of India.

    A year after the publication of the last issue of Al-Hilal on 18th November 18, 1914, Maulana Azad brought out another weekly Al-Balagh. It was apparently confined to religious issues but in essence it was discussing the broader issues of man’s emancipation and freedom in the Islamic and Indian historical context. In this paper Azad was discussing religious issues with political overtones for uniting Hindus and Muslims. The colonial administration found it unbearable and Maulana Azad was finally detained at Ranchi where he remained for the next few years. When he came out in 1919 the entire political scenario had changed. There was complete Hindu-Muslim unity and mass upsurge against the British, which finally resulted in the non-cooperation movement started by Gandhi on August 1, 1920.

    Nobody can forget Arun Shourie, the former editor of The Indian Express,who, during the infamous Emergency during 1975-76, put his foot down, and had the temerity never to buckle under pressure during those trying and testing days while I was in class 10, witnessing some havocs perpetrated by the arrogant government of that time with my own eyes, the embers of at least one of them are still smoldering, I mean the, demolished Urdu medium Qaumi Senior Secondary School, razed to the ground on June 30, 1976 for which as well, a PIL was filed by the author where Justice Geeta Mittal, in a historic landmark judgment, had allotted 4000 meters of land for building a designer, state of the art and exemplary school for the poor walled city Muslim students. It’s another thing that in collusion with the DDA and other agencies, meant for allotting the land, 2400 meters has been illegally annexed that raises the eyebrows at the Constitutional body like these Delhi High Court. How the said court allowed only 1600 meters for building a senior secondary school when as per the Delhi Education Act, not less than 4000 meters is required. Lamentably, the land is available in that campus but has been given for the parking lot. This too will be brought to the notice of the “North Star”!

    The historic session also reminded me of the travails faced by India’s highly revered Freedom fighter, first minister of education and Bharat Ratna, Maulana Abul Kalam Azad, about whom, once in a case for opening the locks of Maulana Azad mausoleum near Jama Masjid, mostly occupied by anti-social elements indulging in consuming smack and marijuana, in the High Court of Delhi, court No. 6, Justice Vijendra Jain, to my astonishment and of course, joy, had stated in his Order in 2005 that the sacrifices of Maulana Azad for the freedom of India were even greater than those of Mahatama Gandhi and Pandit Nehru! This great statesman of India too had suffered a lot both as a journalist and editor as he was jailed many times for building bridges between Hindus and Muslims against the English perpetrators and his weekly Urdu newspapers, Al-Hilal and Al-Balagh, that were sold like hot cakes, the moment they were on the stands in markets, like The Indian Express today, were closed down by the English.

    Clubbing the similarity in the professions of law and journalism, Chandrachud stated that persons of both professions are fierce believers of the aphorism that the pen is mightier than the sword. Simultaneously, they also share the occupational hazard of being disliked by virtue of their professions — no easy cross to bear. Nevertheless, trusting the tough path of honesty, members of both professions carry on calling a spade a spade with the hope that one day, the reputations of their professions will receive a makeover.

    This session, that was a defining moment of my life, in which, I identified myself with the golden words of wisdom and truth by the Chief Justice of India and The Indian Express editor, personally confirmed one thing that sans all shady profiteering and promotion, honesty, uprightness, rectitude and calling a spade a spade, are the lifelong paradigms. As the chancellor at Maulana Azad National Urdu University, Hyderabad where I found the rambling financial corruption, rampant nepotism, continuous scams, gender discrimination, heinous sexual harassment of ladies working in the campus and girl-students, no regard for Constitution, illegal appointments galore, ambience of fear psychosis for students, being a journalist and a whistle blower, I raised my voice and write about it, only to be told by the so-called “worldly wise” people that I had closed all my avenues for further uplift but I didn’t waver. I found that the entire system was rotten and nobody was concerned, including the top notch officers of the ministries of Education and Social Justice and Empowerment. Truth is that legal journalism is the storyteller of the justice system, shedding light on the complexities of the law.

    Very truly, Raj Kamal Jha too pointed out the similar excesses when he said that for journalists and journalism, year after year, case after case, their starlight has illuminated the road and added that in case of the dimming of lights, when a reporter is arrested under a law meant for terrorists, when another is arrested for asking a question, when a university teacher is picked up for sharing a cartoon, a college student for a speech, a film star for a comment, or when a rejoinder to a story comes in the form of a police FIR, the only resort was the “North Star” (Supreme Court).

    Finally, Justice Chandrachud words took us back to the August 11, 1912 issue of Al-Hilal where the similar views are published by Azad, the editor, that the media is the fourth pillar in the establishment of the State, and thus an integral component of democracy. A vibrant democracy must encourage space for equanimity with dissent. The vivacity of any democracy is bargained when the press is not allowed to ask questions. The press must remain free if a country is to remain a pulsating democracy. Of course, nothing should be in closed and concealed envelopes!

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    ( With inputs from www.siasat.com )

  • CJI intervenes to end month-long protest of MP lawyers against HC order

    CJI intervenes to end month-long protest of MP lawyers against HC order

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    Bhopal: The continuous abstention of advocates from all three benches of the Madhya Pradesh High Court to oppose its order for disposing 25 pending cases in three months has hit legal proceedings across the state and promoted Chief Justice of India D.Y. Chandrachud to intervene in the matter.

    The CJI has taken cognisance of the matter and has called representatives of State Bar Council of Madhya Pradesh for a meeting on March 29.

    State Bar Council Chairman Prem Singh Bhadoria, before leaving for New Delhi to meet the CJI, issued a notice appealing to advocates to resume work from Wednesday onward.

    “The CJI has taken cognisance of the matter and has called for a discussion on March 29. With the hope of fruitful discussion, the ongoing protest is called off. State Bar Council of Madhya Pradesh appeals to all practicing lawyers to start appearing in the courts from Wednesday onward,” the notice read.

    Senior advocate and Bhopal District Bar Association President P.C. Kothari told IANS that a delegation from the State Bar Council has left for New Delhi and representatives of the High Court will also be there in the meeting.

    Madhya Pradesh’s Chief Justice R.V. Malimath had issued an order in December last year asking judges to dispose of at least 25 cases pending for years in three months. Demanding withdrawal of the order, lawyers practicing in all district and High Court benches had started abstaining from appearing in the courtrooms.

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    ( With inputs from www.siasat.com )

  • SCBA seeks time from CJI to discuss issues of lawyers’ chambers, elevation

    SCBA seeks time from CJI to discuss issues of lawyers’ chambers, elevation

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    New Delhi: The President of the Supreme Court Bar Association (SCBA), Vikas Singh, has written to Chief Justice of India, D.Y. Chandrachud, seeking a meeting with the executive committee to discuss matters pertaining to the conversion of 1.33 acres of land allotted to the court by the Union government.

    The letter written on behalf of SCBA urged to immediately start work on the 1.33 acres of land by constructing maximum number of chambers for lawyers.

    It sought space for SCBA in the annexe building opposite Court No. 12 for the office of its president and secretary, meeting room for the executive committee, proper lunch room, additional ladies’ bar room, and additional library or lounge.

    It also demanded a bigger space for creche for working lawyers.

    The letter also stated that SCBA wants elevation of Supreme Court lawyers to various high courts, and expeditious and regular designation of apex court lawyers.

    The Supreme Court had held that it could not consider the judicial side of SCBA’s plea to convert the entire 1.33 acres land allotted to it by the Central government as space for lawyers’ chambers, an had left the issue open to be considered on the administrative side.

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    ( With inputs from www.siasat.com )

  • Sexual orientation of candidate for judgeship has nothing to do with ability: CJI Chandrachud

    Sexual orientation of candidate for judgeship has nothing to do with ability: CJI Chandrachud

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    New Delhi: Amid a controversy over the Supreme Court recommending for a second time the elevation of gay senior advocate Saurabh Kirpal as a judge of the Delhi High Court, Chief Justice of India D Y Chandrachud said on Saturday the sexual orientation of a candidate for judgeship has nothing to do with his professional ability.

    Speaking at the India Today Conclave, 2023, the CJI said when the Collegium considers the candidates for appointment as judges in high courts or the Supreme Court, it is conscious of the fact that it cannot open every aspect of their life to the society.

    “The candidate (Kirpal) you are referring to, every aspect of which was mentioned in the report of the Intelligence Bureau, was in the public domain. The candidate in question is open about his sexual orientation. So, when the IB flagged something, we were not really opening up IB sources of information. What could be the danger? Someone might say if you put the IB report in public domain, you might be compromising the sources of information of the IB on the issues of national security, somebody’s life may be in danger.

    “This was not a case like that. The IB report dwelt on the sexual orientation of an openly declared gay candidate for prospective judgeship. It’s known to the entire profession and widely reported in the media. All that we said in the resolution was that the sexual orientation of a candidate has nothing to do with the ability or the constitutional entitlement of the candidate to assume a high Constitution post of a high court judge,” he said.

    In January, the Supreme Court Collegium had reiterated its November 11, 2021 recommendation for appointing Kirpal as a judge of the Delhi High Court, rejecting the Centre’s contention that though homosexuality stands decriminalised in India, same-sex marriage is still bereft of recognition.

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    ( With inputs from www.siasat.com )

  • No appointment of SC judges could be made during my tenure due to lack of consensus in Collegium: Ex CJI Bobde

    No appointment of SC judges could be made during my tenure due to lack of consensus in Collegium: Ex CJI Bobde

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    New Delhi: Former Chief Justice of India S A Bobde Saturday said no judges could be appointed in the Supreme Court during his 18-month tenure as the head of the judiciary since the collegium could not arrive at a consensus.

    Bobde said there have been times when no elevation of judges could take place for two or more years and it can happen in a human institution.

    Responding to a question that in his 18-month tenure as the CJI not a single appointment of judge took place, Justice Bobde said, “Yes, so? There have been periods when you haven’t had elevation for two years. You haven’t had elevation for longer. What is so extraordinary about this? We couldn’t arrive at a consensus. It can happen in the human institution.”

    Justice Bobde was sworn in as the 47th CJI on November 18, 2019 and retired on April 23, 2021.

    The former judge, who was speaking at India Today Conclave, said, “No, it is not because of the collegium system, it is because as a collegium we were unable to arrive at the consensus. It is not because of the system, it is because we failed as a collegium to arrive at the consensus about the names.”

    He elaborated that a lack of consensus was because of a particular name (in the list) or, in some cases, the reason was the order in which the elevation should happen.

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    ( With inputs from www.siasat.com )

  • Collegium system not perfect but best available: CJI Chandrachud

    Collegium system not perfect but best available: CJI Chandrachud

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    New Delhi: Not every system is perfect but this is the best system developed by the judiciary, Chief Justice of India D Y Chandrachud said on Saturday while defending the Collegium system of judges appointing judges, a major bone of contention between the government and judiciary.

    Speaking at the India Today Conclave, 2023, the CJI said the object of the Collegium system was to maintain independence and that can be done by insulating it from outside influences.

    “As the Chief Justice, I have to take the system as it is given to us… I am not saying every system is perfect but this is the best system we have developed. The object of this system was to maintain independence which is a cardinal value. We have to insulate the judiciary from outside influences if the judiciary has to be independent. That is the underlying feature of Collegium,” Chandrachud said.

    Amid the tussle between the government and the judiciary, the CJI also responded to Law Minister Kiren Rijiju voicing displeasure over the Supreme Court Collegium revealing the government’s reasons for not approving the names recommended by it for appointment as judges of constitutional courts.

    “He has a perception. I have a perception and there is bound to be a difference of perceptions. And what’s wrong in having a difference of perceptions? We have to deal with perceptions even within the judiciary. I dare say there is a difference of perception within the government. But we all deal with it with a sense of robust statesmanship.

    “I do not want to join issues with the law minister for his perception. I respect his perception and I am sure he has respect for ours as well. The reason why we put this (the reasons cited by govt. to reject names for judgeship) on the SC website is the desire of the present Collegium to meet the criticism that we lack transparency and a genuine belief that opening of the processes will foster greater confidence in the citizens,” the CJI said.

    The 50th CJI also took questions on the controversy over the the SC Collegium’s reiteration of openly gay senior advocate Saurabh Kirpal for appointment as a judge of the Delhi High Court after it was rejected by the government.

    Chandrachud said the sexual orientation of a candidate for judgeship has nothing to do with his ability.

    “The candidate (Kirpal) you are referring to, every aspect which was mentioned in the report of the Intelligence Bureau was in the public domain. The candidate in question is open about his sexual orientation. So, when the IB flagged something, we were not really opening up IB sources of information. What could be the danger? Someone might say if you put the IB report in public domain, you might be compromising the sources of information of the IB on the issues of national security. Somebody’s life may be in danger.

    ” This was not a case like that. The IB report dwelt on the sexual orientation of an openly declared gay candidate for prospective judgeship. It’s known to the entire profession and widely reported in the media. All that we said in the resolution was that the sexual orientation of a candidate has nothing to do with the ability or the constitutional entitlement of the candidate to assume a high constitution post of a high court judge,” he said.

    In January, the Supreme Court Collegium had reiterated its November 11, 2021 recommendation for appointing Kirpal as a judge of the Delhi High Court, rejecting the Centre’s contention that though homosexuality stands decriminalised in India, same-sex marriage is still bereft of recognition.

    When asked how independent is India’s judiciary and was there any kind of pressure from the government, the CJI said there is absolutely no pressure from the government on how to decide cases.

    “In my 23 years of being a judge, no one has told me how to decide a case. I won’t even talk to a colleague who is presiding over a case and ask what’s going on in that case. There are some lines which we draw for ourselves. That’s part of our training…

    “There is no question of pressure from the executive arm of the government. I hope I am speaking for the rest of the system as well. There is absolutely no pressure from the government. The Election Commission judgment is proof that there is no pressure on the judiciary,” CJI said.

    The Supreme Court had recently ruled that the appointment of the Chief Election Commissioner and election commissioners will be done by the President on the advice of a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India.

    On the issue of challenges the judiciary is facing with 4.32 crore cases pending, the CJI said it is true that there is a large backlog of cases but it shows the faith of the people in coming to the courts for justice.

    “We should be discharging the faith of the people by being more efficient and reducing the backlog. It also shows there is a dearth of infrastructure in the judiciary. Our judge to population ratio is not commensurate with what it should be in a country like ours. There is a lack of infrastructure in the district judiciary.

    “We need to completely modernise the Indian judiciary. Our model for judicial administration has been based on the colonial model which we have inherited from the British. That colonial model now has to give way because justice is not just a sovereign function but also an essential service,” he said.

    Elaborating on the process of appointments, Chandrachud said parameters which are applied for selection of judges are well defined.

    “First we look at merit. We look at the professional competence of the judge. We constantly analyse the judgements of the High Court judge when they come up in the appeal before us. We access those judgements. In the Collegium, we all read the judgements at the same time. We circulate the judgements of the High Court judges who are in the zone of consideration,” he said.

    Chandrachud said the second aspect which is looked at by the Collegium is seniority and the third aspect is the broader sense of inclusion in terms of gender, marginalised communities, scheduled castes and tribes etc but that is not at the cost of sacrificing merit.

    “Fourth, to the extent possible, we try to give adequate representation to different high courts, states, and regions. While considering appointment of a judge, we consult puisne (ranked lower in seniority) judges routed through the same high court. There is equal involvement of all the stakeholders in the system,” he said.

    On the issue of trolling of apex court judges on social media, the CJI said it is important not be affected by the cacophony of extreme views.

    “I don’t follow Twitter. I think it’s important for us not to be affected by the cacophony of extreme views which you sometimes find on Twitter. I think social media is a product of time, not just of technology. Nowadays, there is live tweeting of every word which is being said in the court and that puts an enormous amount of burden on us as well,” the CJI said.

    Several opposition MPs recently asked President Droupadi Murmu for immediate action over social media trolling of Chandrachud while he was deliberating on a case related to the governor’s role in Maharashtra during the formation of the Eknath Shinde government.

    On constant criticism of judges taking long vacations, the CJI said judges of the Supreme Court in India sit for 200 days a year and their vacations are spent thinking about the cases, reading about the case laws and reflecting on the impact of their work on society.

    “The work that we do between 10.30 am and 4 pm in the Supreme Court is only a fraction of the work that we do. In order to be ready to deal with the cases which are going to come up the next day, we spent an equal amount of time in the evenings reading for the next day. Without exception, all judges in the Supreme Court work for seven days a week,” the CJI said.

    Chandrachud said most of the time during vacations is spent on preparing for judgments.

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    ( With inputs from www.siasat.com )