Former Chief Justice of India (CJI) DY Chandrachud said in an interview to ANI – Opposition has a different place in democracy. Some people want to shoot the Judiciary with a gun on its shoulder. They want to turn the courts against the opposition, but the judiciary is there to scrutinize the laws.
In fact, Leader of the Opposition Rahul Gandhi had objected to the way the judiciary was functioning a few days ago. He said that the work of the judiciary has also been taken over by the opposition. We are doing the work of media, investigative agencies and judiciary.
Reacting to Rahul's statement, the CJI said- I don't want to debate with Rahul Gandhi, but people should not believe that the judiciary should play the role of opposition in parliament or assemblies. This is a false belief. This should be changed.
Justice Chandrachud's 6 questions and answers…
Question: Do disputes arise even in official meetings with leaders? Justice Chandrachud: Official meetings are often held with the Leader of the Opposition. A committee of PM, Leader of Opposition and CJI is formed for appointment to specific posts. In such meetings we certainly talk about work, but we are also human. We also have a 10-minute chat over tea, where we discuss everything from cricket to new movies.
Question: PM came to your house for Ganesh puja, political parties opposed it. Justice Chandrachud: This is not a unique thing, but earlier also a Prime Minister has gone to a judge's house on a social occasion. We should be evaluated based on the work we have done. PM's visit to my house is a matter of social etiquette. Everyone should follow it. These meetings do not affect our work.
Question: What should the Judiciary do for pending cases? Justice Chandrachud: The ratio of judges to population in India is very low. Many countries of the world are ahead of us. The number of judges is less as per the number of cases coming to the District Court. At present, 21 percent of the posts in district courts are vacant.
Governments have to invest for this, which is not being done. There should be an All India Judicial Service Examination to increase the number of judges. However, the constitution will have to be amended for this. Because the appointment of judges is under the supervision of the Governor.
Question: Allegations are being made that judiciary is not for poor people. Justice Chandrachud: Supreme Court is not for rich people. It also deals with the problems of the poor. The Supreme Court has a bench after bench which hears the bail pleas of minors.
In the last two years when I was a judge of the Supreme Court, 21,000 bail applications were filed. These are bail applications of ordinary citizens. We have disposed of 21,358 bail applications. More applications have been disposed of than filed.
Question: The judiciary is also accused of religious discrimination, what do you say about this? Justice Chandrachud: You can see that the religion of the bailees. There is no discrimination. Bail has nothing to do with the religion of a particular person, however, the grant or non-grant of bail in an individual case rests with the bench hearing the case.
Question: What do you say if innocent people are not granted bail for long? Justice Chandrachud: Nowadays, bail is not easily available in District Court. If the District Judge feels that he has granted bail in a case, he will be accused of granting bail due to some duress.
Just as rules have been made to protect High Court Judges, District Court Judges should also be protected. This may solve the problem. If a judge in the district judiciary wrongly grants bail, of course the High Court can correct it, but then we will not target the judges who grant bail.
Chandrachud retired on 10 November, his last working day was on 8 November
The formal bench sat on the last working day of the CJI. CJI Chandrachud and senior advocates of the Supreme Court during the proceedings.
DY Chandrachud was the 50th CJI of the country. He retired on 10 November. On 11 November, Justice Sanjiv Khanna was sworn in as the 51st CJI of the Supreme Court. DY Chandrachud said in his farewell ceremony on November 8 – I thank the Supreme Court Bar Association from the bottom of my heart.
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
