From reforming caste-based face of legal system to appointing lawyers as HC judges, a look at CJI's to-do list
From reforming caste-based face of legal system to appointing lawyers as HC judges, a look at CJI's to-do list
New Delhi: In his recent engagements, CJI DY Chandrachud has given a fair idea of what he intends to change in the higher judiciary during his two-year tenure at the top.
Justice Chandrachud, who was part of the Supreme Court benches that delivered several landmark verdicts including the Ayodhya land dispute case, was sworn in as the 50th Chief Justice of India on 9 November.
He took over as the CJI from Justice Uday Umesh Lalit, who demitted office on 9 November, and will head India’s Judiciary until 10 November, 2024, a day before he completes 65 years.
After taking over as the Chief Justice of India, Justice Chandrachud has raised a range of issues plaguing the judiciary on various platforms and how he intends to fix them.
“I am not here to do miracles. The challenges are high. Perhaps expectations are also great. But this is what I tell myself every day that if this were to be the last day of my life, have I left the world a better place?” said Justice Chandrachud at a felicitation function organised by SCBA.
We list out his key focus areas for the next two years as he rolls into his top judicial job:
Patriarchal, caste-based face of legal system must change
Speaking during a ceremony for him after being sworn in as the 50th CJI, Chandrachud emphasised that the patriarchal and caste-based nature of the judicial system must change. The CJI urged the top lawyers to hire junior attorneys from varied backgrounds. He stated that the judiciary was a reflection of the individuals who entered the legal profession decades ago, and the proportion of women in the district judiciary was now rising, in reference to the desire for more female judges and judges from various socioeconomic backgrounds. “The legal system as it exists now is a direct reflection of how the legal system was 30 years ago. The Supreme Court is representative of the legal community forty years ago. Who joins the courts today is determined by what was going on in the legal community thirty to forty years ago. If we don’t have an equal opportunity in legal profession today, not just women’s concerns but those of the marginalised group will persist,“ said the CJI.
Focus on infra, mindset in district judiciary
Justice Chandrachud said that a great deal has to be done not only in terms of improving the infrastructure of district judiciary but also in terms of changing the mindset. “I have visited district courts where it used to be very conventional for district judges to stand when HC judges were having lunch or dinner and sometimes even serve them. That speaks of our colonial mindset. I would always say that we will not have our food unless you sit on the same table and have food with us.” He said that he makes a conscious effort to not to refer the District Court judges as subordinate judges as they are not subordinate to the Supreme Court or the High Court judges. In order to ensure that we move towards a modern and equal judiciary, he said that there was a need to inculcate the feeling of self-worth in District Judiciary.
Removing human interference from listing process
Noting that listing has been a real problem, CJI Chandrachud appreciated the concrete steps taken by former CJI Justice UU Lalit towards making the system transparent in a short tenure of 74 days. Stating that he would work to build on that, the CJI said that his focus would be on removing the element of human interference in the listing process. He said that there was a need to institutionalise all the processes so that it doesn’t matter who the CJI is. “I aim to use technology in the listing process so as to reduce human interface as far as possible. All discretion becomes a discretion which is capable of not being employed properly. Lawyers pointed out to me that the process for removal of defects.. we are working on it and we are trying to prepare the SOP. It should not be dependent on who is the Chief Justice. It is also important to institutionalise this process so that it does not die down when after two years I am here bidding farewell to all of you,” he said.
Appointing young lawyers as HC judges
Justice Chandrachud has thrown his weight behind lawyers practicing in the top court to appoint them as judges of various high courts. The CJI said that he and his colleagues have a list in mind of members of the Bar who can be elevated to the High Courts as judges. “I can let out a secret, when a young lawyer appears before us, the instinct that we have as judges who have come from High Court is to think, ‘Is this person not good enough to be appointed as the judge of the High Court?’ And I have a list of lawyers in my mind. I believe all my colleagues also have lists and I have been mentioning those names constantly to the Chief Justices who have preceded me,” said the CJI at an SCBA function.
Filling up of Judicial vacancies
CJI Chandrachud said that he will focus on resolving the issue of judicial vacancies as he is conscious of the fact that 25 per cent of posts are vacant in district judiciary, 30 per cent of sanctioned strength is vacant in state judiciary and there are vacancies at the Supreme Court as well. At a book launch event, Justice Chandrachud noted that the appointment of ad-hoc judges could help alleviate the problem. He also recounted how ad-hoc judges were appointed in the past.
E-filing at the Supreme Court
While CJI Chandrachud, who is known for his technological inclination, plans to introduce e-filing at the Supreme Court, he said that he will ensure that technology reaches to all such members of the bar who may not have access to computer or good internet so that e-filing doesn’t become a source of exclusion of such advocates. “Technology can be a source of inclusion, but we have to ensure that technology does not become a source of exclusion,” the CJI said.
With inputs from agencies
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