Institutional provisions by themselves insufficient to ensure an independent judiciary : CJI Chandrachud

Chief Justice Dhananjay Chandrachud

New Delhi – “The Constitution of India has made several institutional provisions for the independence of the judiciary, e.g., fixed retirement age for judges, obligation not to change the salary of judges after their appointment, etc. However, these institutional provisions by themselves are insufficient to ensure an independent judiciary”, expressed Chief Justice Dhananjay Chandrachud. He was speaking at a programme organised on the occasion of 75th year celebration of the Supreme Court.

CJI Chandrachud added,

An independent judiciary does not merely mean the insulation of the institution from the executive and the legislature branches but also the independence of individual judges in the performance of their roles as judges. Many controversies have arisen in this regard in recent times. Their nature is extremely complex. Resolving these disputes is becoming difficult in the current framework; but despite all this, the Supreme Court can never forget its fundamental duty to protect the Constitution and uphold the rule of law.

Over the years, the Supreme Court has been facing difficulties in resolving the ever-increasing number of cases. At present, 65,915 cases are pending in the Supreme Court alone. We convince ourselves that these increasing cases mean that ‘citizens’ faith in the judiciary is getting stronger’; but we have to begin ‘difficult conversation’ on this matter. What can be done on these increasing cases ? There needs to be a radical change in the approach to the decision-making process. Should we risk the Courts becoming ineffective in our desire to see justice in every case ?