Judicial Independence Is Also Independence From Interest Groups And Pressure Groups That Use Media To Pressurise Court: CJI Chandrachud
While speaking about judicial independence, Chief Justice DY Chandrachud has said that it is not merely independence from the Government, but also from interest groups and pressure groups which use media to put pressure on the Court to arrive at certain outcomes.
CJI Chandrachud was asked about his statement that there is pressure on the Court to take on the role of the opposition.
"I have said that the Court's work and role is not that of a political opposition, and I maintain that. The reason I say that is because traditionally, judicial Independence was defined as independence from the executive, independence of the Judiciary from the government. Independence of the Judiciary even now means independence from the government, but that's not the only thing in terms of judicial Independence", he said.
CJI Chandrachud was speaking at a discussion hosted by the Indian Express, when he further said, "Our society has changed since say the 1950s or 1970s but particularly after 1990 when the market reforms took over. Particularly with the advent of social media you see the growth of interest groups, pressure groups, groups which are trying to use electronic media to sort of put pressure on the Court to arrive at certain outcomes".
Decide In My Favour To Be Independent
"What you increasingly find is that a lot of segments of or these groups say that, well if you decide in my favour, you are independent. If you don't decide in my favour, you're not independent and that is what I have an objection to. To be independent a judge must have the independence to decide what their conscience tells him, of course, a conscience which is guided by law and the Constitution", he said.
He gave the example of his judgment in the Electoral Bonds case. "When you decided Electoral Bonds- oh you are very independent. But if a verdict goes in favor of the government, then you are not independent. That's not my definition of independence".
He continued, "You must give your judges the leeway and the freedom to decide as they feel the balance of Justice lies, irrespective of whom the verdict is going to go in favor of. This is truly my concern that today it is expected that- well we will treat you as an independent Court provided you constantly hold against the Government".
"In cases which have to go in against the Government, we decide against the Government. But if the law requires a case to be decided in favor of the government, and I am not just talking about the big ticket cases, but a taxation case, a service case, you have to decide in accordance with the law. Perhaps that message has to go across which I think is uh crucial to the existence of a stable and vibrant Judiciary", he said.
During the discussion held on Monday, Chief Justice DY Chandracud also said that he makes no bones about the fact that he is a person of faith and that his faith does not affect his ability to do justice to people of all faiths.
