CJI: Making justice accessible is judiciary’s paramount challenge
The paramount challenge that the judiciary faces is to ensure that the justice delivery system is accessible to everyone, Chief Justice of India Dhananjaya Y Chandrachud highlighted on Saturday, imploring judges to be accommodative of multiple views of persons with varied lived experiences by shedding their “prejudices and preconceptions”.
Speaking at the Constitution Day celebrations held at the Supreme Court where Prime Minister Narendra Modi was also present, the CJI pointed out that “an institution thrives with time only when it functions democratically” and therefore, it is crucial for the judiciary to strengthen itself with the knowledge and understanding of the diverse section of people who are part of the institution”. “This is why it is all the more important that the representation of marginalised communities in the legal profession and judiciary is enhanced,” he said.
Justice Chandrachud further emphasised that the Indian Constitution does not force its citizens to choose between their rights and their culture. “Rather, it includes the cultural, social and religious aspects in its journey to the goal of a democratic society...Like the Constitution, Indian society has displayed the remarkable ability to be accommodative of various concerns which seem to be in conflict with one another. We must uphold the idea of unity in diversity by continuing to be accommodative of one another,” he said.
The strength of the Constitution, the CJI said, emanates from its ability to account for the rich tapestry of human experience in India – be it cultural, social, religious, or otherwise – and still chart out a vision for a progressive future. “The continuing success of the Constitution is a testament to the people’s choice of the rule of law over brute force to achieve a social revolution,” he added.
In his address, the CJI also stressed on the trinity of values highlighted by Dr Babasaheb Ambedkar -- “liberty, equality, and fraternity”, as he urged all judges across the courts in India, ranging from the district to the apex court, to reflect upon the constitutional vision of securing the three values.
“There is a need to introspect our actions and decisions and to question our prejudices and preconceptions. For, until we open ourselves to multiple views of persons with varied lived experiences, we would be lacking in our role as judges,” he flagged.
“The people of India, in their interactions with one another, must breathe life into the Constitution by practising the democratic ideals of liberty, equality, and fraternity. The courts must sustain this practice by foregrounding these same values in their judicial decisions, and the legislature and executive must enable the practice of liberty, equality, and fraternity,” said the CJI.
Making justice delivery system accessible to everyone is the greatest challenge that the Indian judiciary faces today, said Justice Chandrachud, stressing that it is of supreme importance that the courts are remodelled to reach out to the people instead of the people reaching out to the courts in their quest for justice.
“To ensure that the courts reach out to the people, it is essential that the process of litigation is simplified and made citizen-centric,” said justice Chandrachud while citing several technology-based initiatives, including virtual courts, e-filing and various digital initiatives being adopted by the judiciary to make the courts and their management system easily accessible to stakeholders.
“While technology has ably aided us in ensuring functionality of the judiciary during the pandemic, technology must be augmented with institutional reforms to resolve the chief issue of access to justice,” he added.
At the same time, the CJI emphasised that the endeavour to enhance access to justice must not be understood in the narrow terms of enriching the experience of those who already possess access but by reaching out to those groups and communities that are denied basic rights.
“Access to justice must be defined in the expression of upholding the faith and perception that the general public holds in the legal system. I can assure everyone that the initiatives launched today are part of larger technological and institutional advancement of the Indian judiciary to ensure that even the most disadvantaged communities in the country do not stumble while reaching out for justice,” said justice Chandrachud, who is also the chairman of the e-committee.