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Existing constitutional safeguards not enough to ensure independence of judiciary: CJI DY Chandrachud

The CJI in his address noted that disputes have become increasingly complex these days, and their resolution cannot exist in silos. All the same, the top court cannot forget its core functions of upholding the Constitution and the rule of law, he added.

He spoke of efforts being made in the judiciary to educate and sensitise all judges to unlearn their subconscious attitudes inculcated by social conditioning on gender, disability, race caste and sexuality.

On the aspect of the institution being poly-vocal, the CJI made it clear,

“The strength of our polyvocal nature lies in its ability to adapt dialogue as a processual instrument in bringing together a synthesis of ideas. The synthesis in our court brings together diversity and respects inclusion. That is the true social ethos of the court, its social conscience. In the many that wear its apparel, the Court emerges as one soul which knits together the Bar and the Bench in our desire to ensure justice to our citizens.”

The CJI touched on the increasing case pendency and difficulties in accessing justice for many.

“This Court has over the course of years faced immense difficulty in keeping up with the surge in the institution of cases. Currently, a total of 65,915 registered cases are pending before the Supreme Court. Much as we would like to reassure ourselves that the mounting pile represents the faith of citizens in the line, we need to ask hard questions on what needs to be done. There has to be a radical change in the approach to decision making. In our desire to ensure justice in each individual case, should we risk the court becoming dysfunctional?”

The Chief Justice of India stressed that reforms are needed towards the length of arguments and choosing of cases for hearing by the top court.

“If we do not make hard choices and take difficult calls to resolve these pressing issues the euphoria generated from the past may well be short-lived.”

Source: Barandbench

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