Imperative to amplify justice needs of under-represented, says Chief Justice of India DY Chandrachud

Access to justice cannot be ensured just via pro-people jurisprudence in rulings, but also by active development on the administrative side of the court, such as building infrastructure and expanding legal aid programmes, said Chief Justice of India DY Chandrachud on Monday.

Speaking at the first Regional Conference on Access to Legal Aid organised by the National Legal Services Authority (NALSA) here, Chandrachud stated that the challenge for judges is to institutionalise processes and look beyond the immediate.

“Access to justice is not a right that can be secured only by crafting pro-people jurisprudence in our judgements rather it requires active progress on the administrative side of the court as well,” Chandrachud said.

According to the CJI, the discourse on human rights and access to justice has historically been monopolised by voices from the Global North (industrialised states), making such debates inadequate.

He stated that it is critical to address the justice needs of our country’s under-represented people.

According to Chandrachud, the notion of justice has historically been seen as only being relevant inside the boundaries of a sovereign state.

“Given the intricate web of transnational relations in the present age, our concepts of justice have also changed. In transnational relationships, all nations are not treated equally. However, some nations share a sense of solidarity and belonging. It is here that constructed categories such as Global South become important points of collaboration, dialogue and deliberation.

“This term is not geographical but based on political, geopolitical, and economic commonalities between certain nations. Several nations in the Global South, including India, have historically been at the receiving end of imperialism or colonial rule. This history resulted in a relationship of unequal power with such nations being forced into the periphery of the economy. It is for this reason that before academics used the term Global South, terms such as developing, the underdeveloped or third world gained wide currency,” he said.

VIDEO | “This term (Global South) is not geographical but it reflects political, geopolitical and economical commonalities between certain nations. Several nations in the Global South, including India, have historically been at the receiving end of imperialism or colonial rule.… pic.twitter.com/XmVoiJ7fZe

— Press Trust of India (@PTI_News) November 27, 2023

The CJI said there has been a universal shift in wealth from the Mediterranean to the Asia Pacific.

"By 2030 it is projected that three of the four largest economies will be from the Global South. The GDP in terms of purchasing power of the Global South-dominated BRICS nations surpasses that of the Global North G7 Club and the reason why we have achieved success is their willingness to recognise the unique needs and collaborate with each other. This conference serves as a starting point for the nations to expand beyond the mere economic and trade alliances and make cooperation between our legal systems a key priority," he said.

This commitment to collaboration between nations of the Global South drives us not only to come together but also serves as a reminder that our institutions play an important role in promoting and upholding the rule of law.

"The complexities of law and process, inequality between citizens and powerful adversaries, judicial delays and the belief that the system works against marginalised communities are among the various barriers that stand in the way of justice," he said.

Chandrachud said during his tenure as CJI, he has initiated several initiatives for access to justice and the most potent important weapon in access to justice is technology.

"We are using it to bring the courtroom closer to people. Online streaming of proceedings has taken the court to the hearts and homes of people. It is about creating courtrooms where we make everyone feel welcome, including people from diverse backgrounds beyond caste, gender etc," he said.

Vice President Jagdeep Dhankhar, Union Law Minister Arjun Ram Meghwal, G20 Sherpa Amitabh Kant, Supreme Court judges SK Kaul and Sanjiv Khanna and Attorney General R Venkataramani also spoke on the occasion.