Judges are Faithful Soldiers In Implementing Constitution, Have To Work Within Existing Legal System: CJI DY Chandrachud
Today, Constitution Day was celebrated at Supreme Court Lawns in the presence of Chief Justice DY Chandrachud and Law Minister Kiren Rijiju.
The Chief Justice while delivering his speech remarked "Judges are faithful soldiers in implementing the Constitution, who have to work within the existing legal system."
The CJI further also deliberated upon the importance of the Constitution, especially in the context of the working of the Judiciary and there is one Judges interpretation of the Constitution that unfolds through their judgments.
Further, the Chief Justice also focused upon the "seemingly small issues" that come before the Supreme Court every day which also unfold the working of the Constitution.
While highlighting such a fact, the Chief Justice said, "Courts have a different place in society, no case is too small or too large, ultimately by applying legal principles, justice is rendered to the citizens."
The Chief Justice also focused on the interface between the bar and bench and how the Constitution plays an important role between them as they are equal stakeholders.
The CJI further said that the confidence of citizens in the judiciary must not be shaken and as administrators, we have to make sure that we are efficient in providing justice to them.
The CJI additionally focused on the endeavors in the facilitation of justice which includes – speedy disposal of cases, refining the listing process in order to bring down the pendency, and defects intimated to the advocates on the same day of filing.
Further, CJI said, "Remedial measures have been taken in consultation with colleagues of High Courts and District Courts. We have been able to dispose of 200 matters everyday as opposed to 100 matters earlier."
Expressing gratitude towards the Registry, the CJI remarked, "In the last 5 days, the Registry has verified 982 matters and as on November 24th, we do not have matter for which defects have to be verified."
The CJI further said that from the next week, every bench shall hear 10 bail applications preceded by 10 transfer petitions.
Apart from changes, specialized benches in Supreme Court would be set up for speedy remedy of cases which include 4 benches for Motor Accident Tribunal Claim cases, and also for criminal appeals, Land Acquisition matters, and Direct and Indirect matters.
Next, the CJI focused on the role of the bar and said that its role has been enormous in protecting and evolving constitutional values and thus remarked-
"Judgments which are landmark, are built on the dialogues between the bar and the bench. Thousand of lawyers help citizens at district level and it is not just restricted to just Supreme Court or High Court."
Further, the CJI also said that senior members of the Bar must take pro bono cases of poor litigants. Also, the curriculum of law schools needs to be involved so that law students can become active member of the legal system. Legal aid clinics have to be redesigned for law students.
The CJI said it's an era of e-Governance and online Courts, thus the Supreme Court Bar Association must conduct trainings to get acquainted with the new process including online education videos for the lawyers.
Additionally, the CJI said that the dress of the bench must be more compatible and strictness of attire must not lead to moral policing for the women lawyers.
Lastly, the CJI focused upon the 'Criticism of the Collegium" and said that no institution or democracy is perfect, we all have to work within the existing legal system and remarked "Judges are faithful soldiers in implementing the Constitution."
The CJI said "we must make an endeavour to get good people to work in the judiciary. Getting to be Judges is not about salary or the comforts that we get. People become judges for different reasons, the top being the commitment to public services."
"We must inculcate the minds of young members of the Bar, Being a good judge is about being compassionate, solving the problems of the people, not being judgmental about anyone's life."
The CJI said the answer lies in mentoring other people and not being in pursuit of a good life or comforts which are the least important part of our jobs.
Finally, the CJI remarked, "The Chief Justice is one among equals."