Inaction by executive behind pendency: CJI
NEW DELHI: With the Prime Minister watching, Chief Justice of India NV Ramana on Saturday blamed inaction by the executive, coupled with legislative deficiencies, for the deluge of cases across courts in the country, adding that governments often ignore the Constitution and the pertinent laws in implementing their decisions. He also spoke about the executive sometimes transferring the burden of decision-making to the courts, laws being passed without adequate diligence, and specifically highlighted the pendency of names recommended for appointments to the high courts with the government.
In an apparent retort to constant attack, including by government functionaries, on the judiciary for the massive pendency of cases, the CJI was unambiguous that “the governments are the biggest litigants accounting for nearly 50% of the cases”, and that there is a huge burden on judiciary of litigation that lands in courts because of the public offices.
He also responded to the oftvoiced criticism of judicial overreach and emphasised that all the three organs of the democracy must remain mindful of their “Lakshman Rekha” (inviolable boundaries) adding that the judiciary would never come in the way of governance if it is in accordance with law.
From revenue officers and municipal authorities to government departments, governmentowned firms and police, if different wings of the executive followed due process of law and acted fairly, a huge chunk of litigation would never reach the doorsteps of judiciary, justice Ramana said.
The CJI was addressing a joint conference of chief ministers and chief justices of high courts, with Prime Minister Narendra Modi and Union law minister Kiren Rijiju present on the dais.
On Friday, attorney general of India KK Venugopal cited 40 million cases pending in trial courts and several million cases in the high courts, ruing that a “pall of gloom settles” over a “hopeless situation”. Venugopal was speaking at a reception held by the Supreme Court Bar Association for chief justices of various high courts. Earlier, in September 2021, Union law minister Kiren Rijiju said that pendency of cases has become a “challenge”, and called for effective delivery of justice.
NEW DELHI: “Easy justice, speedy justice, and justice for all” should be the hallmark of the judiciary when India completes 100 years of its independence in 2047, Prime Minister Narendra Modi said on Saturday, pitching the use of local languages in courts to strengthen people’s right to access justice.
Speaking at the inaugural session of the joint conference of chief ministers of states and high court chief justices at the national capital, Modi also underlined the need to simplify laws for the general public, and said the central government is actively examining a proposal to have two drafts of every legislation — one, that may have legal terminologies, and the other, in a much simpler form for everyone to understand.
Since good governance has its foundation in the idea of justice, Modi said, the justice delivery system must be connected with the citizens of the country and should be in a language they understand.
Modi spoke after Chief Justice of India NV Ramana’s address, in which the Supreme Court judge minced no words in criticising the executive and the legislature for engendering pendency of cases across all levels in courts.
In his 19-minute address, the PM repeatedly promised all support to the judiciary, and also urged the CMs to render their assistance so as to ensure that hopes and aspirations of the citizenry from the justice delivery system are fulfilled.
The PM commenced his address by underlining that the confluence and balance of judiciary and legislature will prepare the roadmap for an effective and time-bound judicial system in the country. He said that 75 years of independence have continuously clarified the roles and responsibilities of both the judiciary and the executive. “Wherever it is necessary, this relation has evolved continuously to give direction to the country,” said Modi.
Terming the conference a vibrant manifestation of the beauty of the Constitution, the PM said there is a need to prioritise issues concerning the judiciary, especially when the Government of India is celebrating and commemorating 75 years of independence through an initiative, ‘Azadi Ka Amrit Mahotsav’.
“In 2047, when the country will complete 100 years of its independence, then what kind of judicial system would we like to see in the country? How do we make our judicial system so capable that it can fulfil the aspirations of India of 2047, these questions should be our priority today... Our vision in Amrit Kaal should be of such a judicial system in which there is easy justice, speedy justice, and justice for all”, underlined Modi. The government has said the period between 2022 and 2047 will be marked as Amrit Kaal, and that it will work towards achieving its stated ambitions for 2047 in these 25 years. The PM took the opportunity to talk about intricacies of law, arising out of barriers of language and legal jargon. He said that there is a need to promote local languages in the courts so that people of the country feel connected with the judicial process and their faith in the system increases. “People’s right to judicial process and access to justice will get strengthened by this,” he added.