Prof. Neelam Mahajan Singh
While we celebrated 75 years of implementation of the Constitution of India on Republic Day; 2024, yet the people of India are suffering in getting the justice at ground level. Several scholars of jurisprudence have given several suggestions to the Law Commission of India. The common man of India is suffering for years, in courts. What are factors of trust erosion in the minds of common man, in being so apprehension to get justice? Honb’le Smt. Draupadi Murmu, the President of India, while addressing the judges of the Supreme Court of India and States’ Chief Justices Conference, made an emotional appeal to Justice Dr. Dhananjay Yashwant Chandrachud, Chief Justice of the Supreme Court of India and all other judges, to consider the release of innocent undertrials languishing in jails, with unproven cases against them! “One of the reasons that courts in India are overburdened, is that these people languish for years in prisons that are overcrowded, making their lives all the more difficult. We should address the root cause of the problem,” the President urged. Recently Chief Justice of the Supreme Court of India, Justice D. Y. Chandrachud said, “District judiciary is facing problems of mediocrity. We need to ensure there’re good people” (January 16, 2024). The CJI stressed that there should be proper methods of appointments which will ensure that good people are in the judiciary. The CJI expressed so; prima facie in approval of the Punjab and Haryana High Court’s mandate that judicial officers should secure a minimum of 50% marks. “Independence of judiciary depends on the freedom of every judge to decide without pressure or bias,” says CJI. “The Supreme Court’s legitimacy doesn’t rest solely on the Constitution of India, but it is also derived from the confidence of the citizens; that the courts are neutral and impartial arbiter of disputes”, says CJI Justice Chandrachud. Great statements!
Article 7.1. 2 of he Constitution of India lays down the structure and defines, delimits and demarcates the role and functions of every organ of the State including the ‘judiciary’. It establishes norms for their inter-relationships, checks and balances. Independence of judiciary is essential to ‘the rule of law’ and constitutional norms. What is ‘judiciary’ according to the Constitution of India? India has a single integrated judicial system. The judiciary in India has a pyramidal structure with the Supreme Court at the top. High Courts are below the Supreme Court and below them are the district and subordinate courts. The lower courts function under the direct superintendence of the State High Courts.
Constitutional Law II focuses generally on the relationship between the state and the individuals, the nature and extent of the rights and liberties available, judicial interpretation of these rights, the Directive Principles of State Policy and the Fundamental Rights and Duties of citizens. The Constitution empowers the Judiciary to act as the Guardian of the Law. A number of provisions deal with the Judiciary’s role, power, functions, and officer’s appointments. The major provisions are: Part V – Chapter IV – Union Judiciary i.e., Supreme Court – appointment and removal, role and function. Part VI – Chapter V – High Court – appointment and removal, role and function. Part VI – Chapter VI- Subordinate Courts – appointment and removal, role and function. Article 50 relates to the ‘Independence of Judiciary’ that separates judiciary from the legislature and executive branch. Other provisions appear under parts and articles that deal with the court’s responsibilities. The judiciary acts as the arbiter on legal matters. The Inner Conflict of constitutionalism, judicial review and the ‘basic structure’ of India’s Constitution, act as its watchdog by calling for scrutiny of any act of the legislature or the executive; from overstepping bounds; set for them by the Constitution. It acts as a guardian in protecting the fundamental rights of the people, as enshrined in the Constitution, from infringement by any organ of the state. Judiciary balances the conflicting exercise of power between the centre and a state or among states. The judiciary is expected to remain unaffected by the external pressures exerted by other branches of the government, citizens or ‘interested groups’. Independence of the judiciary is a basic and inalienable feature of the Constitution. One such protection is that no minister can suggest a name to the President, who ultimately appoints judges from a list; recommended by the Collegium of the Judiciary. Judges of the Supreme Court or a High Court cannot be removed from their office once appointed, except, by a two-thirds majority of members of both the Houses of the Parliament of India. A person who has been a judge of a court is barred from practising in the jurisdiction of that particular court.
Then what about the suffering of common man, whose cases are pending in the courts, from 10 to 20 years? Justice Madan Lokur, former Supreme Court judge, has written several articles and addressed various forums on ‘delays in dispensation of justice’. Former Chief Justice of India, Justice Tirath Singh Thakur, broke down in tears, while addressing the conference of Chief Justices of states, in the presence of Prime Minister Narendra Modi. Justice T. S. Thakur said, “I have become the Chief Justice of the Supreme Court, but I know that we are not fully giving justice to the common man”! He paused a while, wiped his tears and urged the government to fill all vacant judicial posts. Justice Joseph Kurian, of Supreme Court of India, decided 100s of cases before his superannuation. He strongly propagated the ‘Mediation and Alternate Judicial Redressal processes’. Justice Vidya Bhushan Gupta, former judge of Delhi High Court and Judicial Member of the National Consumer Forum says, “delay in dispensation of justice results in innumerable hardships for the common man. There’s a need for giving early relief to the litigants. This will also unburden the pressure on the judges. It can be initiated, while the judge’s undergo their training,” suggests Justice V. B. Gupta. This is in consonance with the appeal of President Draupadi Murmu to CJI Chandrachud. In retrospect, it may be stated, that “tarikh pey tarikh” ( dialogue of Sunny Deol in the film ‘Damini’ ) used by CJI Chandrachud recently, marks the need for time bound judgements. This would serve a double purpose; giving early justice to common man and less burden of prolonged, pending cases in the courts. This would actualize the inscription in Sanskrit, “यतो धर्मस्ततो: जयः” (Yato Dharmastato Jayam) which means “when justice (dharma), then victory”. It is referred as the wheel of righteousness, encompassing truth, goodness and equity. It’s time for judiciary to do some introspection, in the interest of justice for ‘Antodaya’; the common man in the last row!
(Writer is Sr. Journalist, Author, Doordarshan Personality, Solicitor, Constitution Expert & Philanthropist)
