CJI: Executive inaction behind deluge of cases ’EASY JUSTICE’, ‘JUSTICE FOR ALL’ SHOULD BE HALLMARK OF JUDICIARY: MODI
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 to the common man.
On Saturday, it was the CJI’s turn to point out how exactly the government adds to the court’s burden: “It is beyond my understanding as to why intra- and inter-departmental disputes of the government or fights between PSUs and the government end up in courts.… If police investigations are fair, if illegal arrests and custodial torture come to an end, then no victim will have to approach the courts. Abiding by law and the Constitucontinued
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 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 that 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.