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CJI: SC's Role In Democracy, Not A Substitute for Opposition In Parliament

Chief Justice of India (CJI) D Y Chandrachud gave an unconventional speech at the inaugural Supreme Court Advocates On Record Association (SCAORA) Conference in South Goa, focusing on the Supreme Court's important role as a "people's court." He specified that although the judiciary is essential to guaranteeing justice for the general public, it should not be confused with the opposition in Parliament.

The CJI stated the fundamental distinction between the two institutions: “Now, being a people's court is not to say that we fulfil the role of the opposition in Parliament." This statement strikes at the heart of a common misconception—that the court must stand as a counterforce to the executive or legislative branches. Instead, the judiciary's duty is to interpret and apply the law independently, not in opposition to other branches of government.

CJI Chandrachud recognised that criticism of the judiciary is both natural and essential in a democracy. However, he cautioned against assessing the judiciary solely based on the outcomes of cases: "The outcome of individual cases may be in your favour or maybe against you. The judges are entitled to decide with a sense of independence on a case-by-case basis." He further explained that it is dangerous to view the court's work solely through the lens of whether its decisions align with one's personal or political inclinations. This approach undermines the principle of judicial independence—a cornerstone of any legal system governed by the rule of law.

He eloquently expressed that "one is entitled to criticise the court for the inconsistency of legal doctrine or an error," but stressed that criticism should be rooted in reasoned analysis rather than being driven by dissatisfaction with case outcomes. In doing so, CJI Chandrachud reiterated the importance of maintaining “a robust common sense" within the legal profession, allowing it to distinguish between sound legal reasoning and subjective grievances.

One of the most significant advancements mentioned by the CJI was the increasing use of technology in the Supreme Court. He praised initiatives such as the e-filing of cases, digitisation of court records, live-streaming of proceedings, and the conversion of constitutional bench arguments from speech to text.

Live-streaming of court proceedings, in particular, has been a "game-changer," according to CJI Chandrachud. It has opened the doors of the judiciary to millions, allowing citizens to witness the justice system in action. “Live-streaming has taken the work of the Supreme Court of India to home and the heart of people,” he said, addressing the perception that the apex court only handles cases involving the affluent and resourceful. By making proceedings accessible to the general public, the court has showcased its commitment to handling even the smallest of cases, whether it be a bail application or disputes concerning pension dues.

However, he did acknowledge the "flip sides" of live-streaming, especially the tendency of some lawyers to play to the gallery. Despite this, he firmly believes that transparency far outweighs these challenges.

The CJI’s address encapsulated the essence of what makes the Supreme Court a unique institution—its role as a forum for all citizens, regardless of wealth or status. He pointed out that the court has developed an “access to justice paradigm” over the past 75 years, which must be preserved. It is easy to accuse the court of catering to the elite, but as CJI Chandrachud noted, live-streaming and other technological advances are helping to dispel that myth: “Citizens now know that the smallest problems of citizens...get the most serious attention of the Supreme Court."


Click here for the recorded event.

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Sonam Pandey

Law Student

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