Need deliberation, dialogue not grandstanding: CJI Chandrachud

Constitutional statesmanship requires deliberation and dialogue between the judiciary and the executive instead of public grandstanding, Chief Justice of India (CJI) Dhananjaya Y Chandrachud said on Friday.

Speaking at the platinum jubilee celebrations of Gauhati high court, the CJI emphasised that for judges and citizens, the constitutional power is reflected in the values of the Preamble – fraternity, dignity and equality.

“These parameters provide the beacon for the unity of our nation,” CJI Chandrachud said, as he underscored that the confidence of the citizens on the judiciary lies in a fierce sense of the judiciary’s own independence.

“Relations between the executive and judiciary on the administrative side must be marked by a sense of robust statesmanship. All three arms of the state – judiciary, executive and legislative – are engaged in the common task of nation building. But on the judicial side, the confidence and faith of citizens in the judiciary lies in a fierce sense in our own judicial independence,” he said.

The CJI said that the legitimacy of the judiciary as an institution depends on the faith which we command of our citizens. “And that faith is determined by one factor and one factor alone, which is whether we become the first and last choice of access to citizens in times of distress and need. Constitutional statesmanship above all, whether it is on the administrative or judicial side, requires deliberation, dialogue and not public grandstanding,” he said.

The CJI added that the role of judiciary is to ensure that law and administration should uphold justice and not thwart it.

Speaking on the role of the Gauhati high court during Emergency, he said: “It is during tough times that the tough judges get going. We must recognise the challenges that plague our judicial system, particularly regarding access to justice. Technology by itself is not a panacea. It must be supported by an eco-system to actualise the benefits that are intended.”

He said that when the law is wisely applied and interpreted in the hands of judges who have a feel for social reality and compassion in the application of law, it takes a step forward towards realising justice. But when the law is wielded without principle, it can carry the burden of arbitrariness, he said.

Union minister for law and justice Kiren Rijiju, who was also present at the event, said there are times when “uninformed debates” are held regarding the independence of the judiciary in India. He added that in times of digital, social and electronic media, we sometimes become victims of elements who don’t allow India to progress.

“In the last few months, I have observed that attempts are being made to portray a situation where the government and judiciary have differences. I feel a difference of opinion is an integral part of our democracy. That difference can’t be said to be a confrontation (between government and judiciary),” he said.

“There can be ‘mat-bhed’ (differences of opinion) between us, but there shouldn’t be any ‘mann-bhed’ (difference of mind). It should not be seen that we (the government and judiciary) are opposed to each other. At a time when India is emerging as a global power, there are elements who are not happy with our rise. We shouldn’t fall prey to their designs. The judiciary, executive and legislature have to work in tandem,” he added.

Rijiju said that with the beginning of the third phase of the e-courts project, Indian judiciary will become completely digital and paperless. He informed that under the project, 540 courts under the jurisdiction of Gauhati high court have become digital and that the proceedings can be seen online.

“The northeast has a rich ethnic and linguistic diversity. In such regions, institutions need to have a lot of sensitivity and responsibility as divergent traditions and laws govern the lives of people of the region.. By respecting the sentiments of the indigenous people, Gauhati high court has helped enhance the ethos of peaceful coexistence in the region,” President Droupadi Murmu, who was the chief guest at the event, said.

In his remarks, Assam chief minister Himanta Biswa Sarma spoke about the history of the high court and how it has always strived to uphold the rights of the people, including during the time of Emergency. He extended all support from his government for the digitisation work being undertaken in courts in the state.