News Analysis India

Tag: DY Chandrachud

  • Fake news can create tensions, endanger democratic values: CJI Chandrachud 

    By PTI

    NEW DELHI: Flagging the dangers of fake news in this digital age, Chief Justice of India DY Chandrachud on Wednesday said such misinformation has the capability of creating tensions between communities thereby endangering democratic values.

    Speaking at the Ramnath Goenka awards ceremony, where he was the chief guest, the CJI also said the vibrancy of democracy is compromised if the press is prevented from speaking truth to power and stressed that the press must remain free if a country is to remain a democracy.

    On media trials, he said there have been instances where the media has rendered an accused guilty in the eyes of the public even before the courts find them so.

    He said as with every institution, journalism is also facing its own challenges.

    “Fake news poses a serious threat to the independence and impartiality of the press in the current society. It is the collective responsibility of journalists as well as other stakeholders to weed out any element of bias or prejudice from the process of reporting events…Fake news can misguide millions of people at once, and this will be in direct contradiction with the fundamentals of democracy which form the bedrock of our existence,” he said.

    He termed responsible journalism as the engine which drives democracy toward a better future.

    “Responsible journalism is the engine that drives democracy forward to a better tomorrow. In a digital age, it is more important than ever for journalists to be accurate, impartial, responsible, and fearless in their reporting,” he said.

    He asserted that a “functional and healthy democracy must encourage the development of journalism as an institution that can ask difficult questions to the establishment – or as it is commonly known, ‘speak truth to power’. The vibrancy of any democracy is compromised when the press is prevented from doing exactly this. The press must remain free if a country is to remain a democracy”.

    Referring to the Emergency era, when the Indian Express carried blank op-ed pages, CJI Chandrachud said it is a reminder of how powerful silence is.

    He said that the Emergency era was a fearful time but such occasions also give rise to “fearless journalism” and hence June 25, 1975, the day when the emergency was imposed, was a defining moment in history.

    “One proclamation defined and redefined our perceptions of liberty and threats to it and how tenuous it can be,” he said, adding that is “why we celebrate these awards as symbolising our eternal sense of optimism on which we hope nation will continue.” 

    He said journalists and lawyers and judges like him share something in common.

    “Both share a belief in the saying ‘pen is mightier than the sword”, he said.

    He added judges and journalists also share the occupational hazard of being disliked by virtue of their professions -no easy cross to bear.

    “But members of both professions keep at their daily tasks and hope that one day, the reputations of their professions will receive a makeover”, he said.

    The CJI added that journalists are constantly engaged in the endeavour of simplifying complex information for the consumption of the public, which is frequently unaware of even the most basic facts underlying the issues sought to be exposed.

    “This simplification of information must not be at the cost of accuracy, which further complicates the journalist’s job. This is true world over”, he said, adding that the media sparks debates and discussion, which are the first step towards action.”

    “All societies inevitably become dormant, lethargic and immune to the problems that plague them. Journalism (in all its forms) is one of the key aspects which prods us out of this collective inertia. The media has always played and continues to play an important role in shaping the course of current events, and by extension, the course of history itself”, he said.

    Referring to the recent ‘MeToo movement’ the CJI said it was sparked in part by the publication of stories concerning the accusations of sexual harassment against prominent figures in the film industry in the US.

    “The ‘MeToo movement’ had cascading effects all across the world and was a watershed moment in history. In India, the media’s coverage of the rape of Jyoti, or Nirbhaya, by certain men in Delhi resulted in widespread protests and later, in reforms to criminal law. Even on a day-to-day basis, some news stories prompt questions and discussion in Parliament and in the legislative assemblies of states”, he said.

    He said that the vibrancy of democracy is compromised when the press is prevented from speaking truth to power.

    “The press must remain free if the country is to remain a democracy. Newspapers have historically acted as catalysts for social and political change”, he said, adding that a comprehensive fact-checking mechanism should be in place as fake news can guide or misguide millions at once in contradiction to the fundamentals of democracy.

    Referring to media trials, he said, “It is the job of the media to convey information to the public without violating the rights of the innocents. Responsible journalism is the beacon of truth and its drives democracy forward. We at present navigate challenges of the digital age and journalists have to maintain accuracy, impartiality, and fearlessness in their reporting.” 

    CJI Chandrachud said that he too finds himself disagreeing with many media reports.

    “As citizens, we may not agree with the approach that a journalist has adopted or the conclusions that they reach. I, too, find myself disagreeing with many journalists. After all, who amongst us agrees with all other people? But disagreement must not distort into hatred and hatred must not be permitted to evolve into violence”, he said

    “No society should accept hatred as the new norm”, he said, adding that the relevance of the media was best highlighted during the COVID-19 pandemic and print, electronic and social media has helped in disseminating relevant information. The 50th Chief Justice of India said that community journalism can help set the agenda for the debate around those issues at the policy level.

    “Several studies have shown that composition of mainstream media is not reflective of all communities in India”, he said, adding that a diversified newsroom is essential for the longevity of the media platforms and newsroom should signify the diverse range of news and “journalism cannot be elitist”.

    CJI Chandrachud, who handed over the awards to various journalists along with Viveck Goenka, Chairman and Managing Director of the Indian Express Group, said that in the recent past social media has given a new platform to journalists and led to democratisation of media.

    NEW DELHI: Flagging the dangers of fake news in this digital age, Chief Justice of India DY Chandrachud on Wednesday said such misinformation has the capability of creating tensions between communities thereby endangering democratic values.

    Speaking at the Ramnath Goenka awards ceremony, where he was the chief guest, the CJI also said the vibrancy of democracy is compromised if the press is prevented from speaking truth to power and stressed that the press must remain free if a country is to remain a democracy.

    On media trials, he said there have been instances where the media has rendered an accused guilty in the eyes of the public even before the courts find them so.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    He said as with every institution, journalism is also facing its own challenges.

    “Fake news poses a serious threat to the independence and impartiality of the press in the current society. It is the collective responsibility of journalists as well as other stakeholders to weed out any element of bias or prejudice from the process of reporting events…Fake news can misguide millions of people at once, and this will be in direct contradiction with the fundamentals of democracy which form the bedrock of our existence,” he said.

    He termed responsible journalism as the engine which drives democracy toward a better future.

    “Responsible journalism is the engine that drives democracy forward to a better tomorrow. In a digital age, it is more important than ever for journalists to be accurate, impartial, responsible, and fearless in their reporting,” he said.

    He asserted that a “functional and healthy democracy must encourage the development of journalism as an institution that can ask difficult questions to the establishment – or as it is commonly known, ‘speak truth to power’. The vibrancy of any democracy is compromised when the press is prevented from doing exactly this. The press must remain free if a country is to remain a democracy”.

    Referring to the Emergency era, when the Indian Express carried blank op-ed pages, CJI Chandrachud said it is a reminder of how powerful silence is.

    He said that the Emergency era was a fearful time but such occasions also give rise to “fearless journalism” and hence June 25, 1975, the day when the emergency was imposed, was a defining moment in history.

    “One proclamation defined and redefined our perceptions of liberty and threats to it and how tenuous it can be,” he said, adding that is “why we celebrate these awards as symbolising our eternal sense of optimism on which we hope nation will continue.” 

    He said journalists and lawyers and judges like him share something in common.

    “Both share a belief in the saying ‘pen is mightier than the sword”, he said.

    He added judges and journalists also share the occupational hazard of being disliked by virtue of their professions -no easy cross to bear.

    “But members of both professions keep at their daily tasks and hope that one day, the reputations of their professions will receive a makeover”, he said.

    The CJI added that journalists are constantly engaged in the endeavour of simplifying complex information for the consumption of the public, which is frequently unaware of even the most basic facts underlying the issues sought to be exposed.

    “This simplification of information must not be at the cost of accuracy, which further complicates the journalist’s job. This is true world over”, he said, adding that the media sparks debates and discussion, which are the first step towards action.”

    “All societies inevitably become dormant, lethargic and immune to the problems that plague them. Journalism (in all its forms) is one of the key aspects which prods us out of this collective inertia. The media has always played and continues to play an important role in shaping the course of current events, and by extension, the course of history itself”, he said.

    Referring to the recent ‘MeToo movement’ the CJI said it was sparked in part by the publication of stories concerning the accusations of sexual harassment against prominent figures in the film industry in the US.

    “The ‘MeToo movement’ had cascading effects all across the world and was a watershed moment in history. In India, the media’s coverage of the rape of Jyoti, or Nirbhaya, by certain men in Delhi resulted in widespread protests and later, in reforms to criminal law. Even on a day-to-day basis, some news stories prompt questions and discussion in Parliament and in the legislative assemblies of states”, he said.

    He said that the vibrancy of democracy is compromised when the press is prevented from speaking truth to power.

    “The press must remain free if the country is to remain a democracy. Newspapers have historically acted as catalysts for social and political change”, he said, adding that a comprehensive fact-checking mechanism should be in place as fake news can guide or misguide millions at once in contradiction to the fundamentals of democracy.

    Referring to media trials, he said, “It is the job of the media to convey information to the public without violating the rights of the innocents. Responsible journalism is the beacon of truth and its drives democracy forward. We at present navigate challenges of the digital age and journalists have to maintain accuracy, impartiality, and fearlessness in their reporting.” 

    CJI Chandrachud said that he too finds himself disagreeing with many media reports.

    “As citizens, we may not agree with the approach that a journalist has adopted or the conclusions that they reach. I, too, find myself disagreeing with many journalists. After all, who amongst us agrees with all other people? But disagreement must not distort into hatred and hatred must not be permitted to evolve into violence”, he said

    “No society should accept hatred as the new norm”, he said, adding that the relevance of the media was best highlighted during the COVID-19 pandemic and print, electronic and social media has helped in disseminating relevant information. The 50th Chief Justice of India said that community journalism can help set the agenda for the debate around those issues at the policy level.

    “Several studies have shown that composition of mainstream media is not reflective of all communities in India”, he said, adding that a diversified newsroom is essential for the longevity of the media platforms and newsroom should signify the diverse range of news and “journalism cannot be elitist”.

    CJI Chandrachud, who handed over the awards to various journalists along with Viveck Goenka, Chairman and Managing Director of the Indian Express Group, said that in the recent past social media has given a new platform to journalists and led to democratisation of media.

  • Objective of Collegium is to protect judiciary’s independence: CJI Chandrachud

    The CJI also noted that the judiciary has to be protected from outside influences if it has to be independent. NEW DELHI: Not every system is perfect but this is the best system available, Chief Justice of India D Y Chandrachud said on Saturday while defending the Collegium system of judges appointing judges, a major bone of contention between the government and judiciary.

    Speaking at the India Today Conclave, the CJI said the judiciary has to be protected from outside influences if it has to be independent.

    “Not every system is perfect but this is the best system we have developed. But the object was to protect the independence of the judiciary, which is a cardinal value. We have to insulate the judiciary from outside influences if the judiciary has to be independent,” Chandrachud said.

    The CJI also responded to Law Minister Kiren Rijiju voicing displeasure over the Supreme Court Collegium revealing the government’s reasons for not approving the names recommended by it for appointment as judges of constitutional courts.

    “What is wrong about having a difference in perception? But, I have to deal with such differences with a sense of robust constitutional statesmanship. I do not want to join issues with the law minister, we are bound to have differences of perceptions,” the CJI said.

    ALSO READ | In defense of the collegium

    Rijiju has been quite vocal against the Collegium system and once even called it “alien to our Constitution.”

    Justice Chandrachud said there is absolutely no pressure from the government on how to decide cases.

    “In my 23 years of being a judge, no one has told me how to decide a case. There is absolutely no pressure from the government. The Election Commission judgment is proof that there is no pressure on the judiciary,” CJI said.

    The Supreme Court had recently ruled the appointment of the Chief Election Commissioner and election commissioners will be done by the President on the advise of a committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha and the Chief Justice of India.

    ALSO READ | SC order on EC appointments: Rijiju invokes ‘Lakshman Rekha’

  • For SC, there are no big or small cases; every matter is important: CJI DY Chandrachud 

    Express News Service

    NEW DELHI: CJI DY Chandrachud on Saturday said that for SC which serves the world’s most populous democracy, there are no big or small cases as every matter is important. 

    Speaking at an event organised by the Supreme Court of India to commemorate its 73rd establishment, CJI DY Chandrachud said that court while attending such functions performs constitutional duties, obligations and functions. 

    “For the court, there are no big or small cases, every matter is important because it’s in the seemingly small and routine matters involving our citizens that issues of constitutional and jurisprudential importance emerge. In attending to such grievances, the court performs a plain constitutional duty, a plain constitutional obligation and a plain constitutional function. SC serves the world’s most populous democracy and in true aspect the people’s court as it is a collective heritage of people of India,” the CJI said.

    Taking pride in SC not only emerging as a strong proponent of gender equality but also ensuring linkage of criminal justice administration within the framework of human rights, he said, “Our court has emerged as a strong proponent of gender equality whether it has to be in the interpretation of laws of inheritance or securing entry of women in the armed forces. The court has also ensured that criminal justice administration is not delinked from the framework of human rights. While the death penalty has been upheld to be legal and constitutional, the SC has laid down various mitigating and aggravating circumstances that the judge should take into account before awarding the sentence of death. This ensures fairness in the process. Procedural innovations, open court hearings in views arising out of death penalty cases or psychiatric assessment of death row convicts has a humanising influence on the law.”

    “In the recent budget, GOI has announced a provision of Rs 7,000 crore for phase 3 of the eCourts project. This will help to enhance the accessibility of judicial institutions and improve the efficiency of the justice delivery system in India. Such endeavours will ensure that the court truly reaches out to every citizen of our country. During CoVID 19 pandemic, SC adopted innovative technical solutions to reach out to the people by adopting video conferencing of court proceedings. During the period b/w 23 March 2020 and October 31, 2022, SC alone heard 3.37 lakh cases through video conferencing. We updated our VC structure in courtrooms at meta scale and we are continuing to use such technological infrastructure to allow the hybrid mode of court hearings that allows parties to join court proceedings from any part of the world online,” the CJI said. 

    “Court’s workload during the initial years was a fraction of what we witness today. In the annual report of 2005-06, one of the former Justice BP Singh recounts that when he visited the court for the first time in 1956, the proceedings were solemn and virtually dull and only 5/6 lawyers were present. Over the years, SC’s workload has increased. Every day now SC now has hundreds of cases in its docket. Judges of SC and staff of the registry have put up tremendous work to ensure the speedy disposal of cases. Just to give you a simple sampling, in the last 3 months, 12108 cases were filed before SC and 12471 cases have been disposed of,” he added. 

    NEW DELHI: CJI DY Chandrachud on Saturday said that for SC which serves the world’s most populous democracy, there are no big or small cases as every matter is important. 

    Speaking at an event organised by the Supreme Court of India to commemorate its 73rd establishment, CJI DY Chandrachud said that court while attending such functions performs constitutional duties, obligations and functions. 

    “For the court, there are no big or small cases, every matter is important because it’s in the seemingly small and routine matters involving our citizens that issues of constitutional and jurisprudential importance emerge. In attending to such grievances, the court performs a plain constitutional duty, a plain constitutional obligation and a plain constitutional function. SC serves the world’s most populous democracy and in true aspect the people’s court as it is a collective heritage of people of India,” the CJI said.

    Taking pride in SC not only emerging as a strong proponent of gender equality but also ensuring linkage of criminal justice administration within the framework of human rights, he said, “Our court has emerged as a strong proponent of gender equality whether it has to be in the interpretation of laws of inheritance or securing entry of women in the armed forces. The court has also ensured that criminal justice administration is not delinked from the framework of human rights. While the death penalty has been upheld to be legal and constitutional, the SC has laid down various mitigating and aggravating circumstances that the judge should take into account before awarding the sentence of death. This ensures fairness in the process. Procedural innovations, open court hearings in views arising out of death penalty cases or psychiatric assessment of death row convicts has a humanising influence on the law.”

    “In the recent budget, GOI has announced a provision of Rs 7,000 crore for phase 3 of the eCourts project. This will help to enhance the accessibility of judicial institutions and improve the efficiency of the justice delivery system in India. Such endeavours will ensure that the court truly reaches out to every citizen of our country. During CoVID 19 pandemic, SC adopted innovative technical solutions to reach out to the people by adopting video conferencing of court proceedings. During the period b/w 23 March 2020 and October 31, 2022, SC alone heard 3.37 lakh cases through video conferencing. We updated our VC structure in courtrooms at meta scale and we are continuing to use such technological infrastructure to allow the hybrid mode of court hearings that allows parties to join court proceedings from any part of the world online,” the CJI said. 

    “Court’s workload during the initial years was a fraction of what we witness today. In the annual report of 2005-06, one of the former Justice BP Singh recounts that when he visited the court for the first time in 1956, the proceedings were solemn and virtually dull and only 5/6 lawyers were present. Over the years, SC’s workload has increased. Every day now SC now has hundreds of cases in its docket. Judges of SC and staff of the registry have put up tremendous work to ensure the speedy disposal of cases. Just to give you a simple sampling, in the last 3 months, 12108 cases were filed before SC and 12471 cases have been disposed of,” he added. 

  • Basic structure doctrine a North Star that guides interpreters of Constitution, says CJI Chandrachud

    By PTI

    MUMBAI: Chief Justice of India D Y Chandrachud on Saturday called the basic structure doctrine a North Star that guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.

    The remarks by the CJI came against the backdrop of the recent remarks by Vice President Jagdeep Dhankhar who questioned the landmark 1973 Kesavananda Bharati case verdict that gave the basic structure doctrine.

    Dhankar had said the verdict set a bad precedent and if any authority questions Parliament’s power to amend the Constitution, it would be difficult to say “we are a democratic nation.”

    Delivering the Nani A Palkhivala Memorial Lecture here, the CJI said the craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping its soul intact.

    “The basic structure of our Constitution, like the north star, guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted,” he said.

    “The basic structure or the philosophy of our Constitution is premised on the supremacy of the Constitution, rule of law, separation of powers, judicial review, secularism, federalism, freedom and the dignity of the individual and the unity and integrity of the nation.”

    The CJI said that from time to time, we require people like Nani Palkhivala, who was an eminent jurist, to hold candles in their steady hands to light the world around us. “Nani told us that our Constitution has a certain identity which cannot be altered.”

    He said the doctrine of basic structure has shown that it might be beneficial for a judge to look at how other jurisdictions have dealt with similar problems for them.

    The basic structure principle became the ground for setting aside several Constitutional amendments, including the quashing of the Constitutional amendment and the corresponding NJAC Act on the appointment of judges in the higher judiciary.

    ALSO READ | WEB SCRAWL:  In defense of the collegium

    Dhankhar, who is the Rajya Sabha chairman, recently said he does not subscribe to the Kesavananda Bharati case verdict that Parliament can amend the Constitution but not its basic structure. He had asserted that parliamentary sovereignty and autonomy are quintessential for the survival of democracy and cannot be permitted to be compromised by the executive or judiciary.

    Addressing the 83rd All India Presiding Officers Conference in Jaipur on January 11, he said the judiciary cannot intervene in lawmaking. “In 1973, a wrong precedent (galat parampara) started.”

    “In 1973, in the Kesavananda Bharati case, the Supreme Court gave the idea of basic structure saying Parliament can amend the Constitution but not its basic structure. With due respect to the judiciary, I cannot subscribe to this,” Dhankhar, who has been a Supreme Court lawyer, said.

    Dhankar’s statement came against the backdrop of a raging debate on the issue of appointment to the higher judiciary with the government questioning the current Collegium system and the Supreme Court defending it.

    In his lecture, Justice Chandrachud said the identity of the Indian Constitution has evolved through the interaction of Indian citizens with the Constitution and has been accompanied by judicial interpretation.

    “The craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping its soul intact,” he added.

    The CJI also observed that India’s legal landscape has undergone a significant change in recent decades in favour of removing “strangulating regulations, augmenting consumer welfare and supporting commercial transactions.”

    He said the emerging world economy has erased national boundaries, and companies no longer stop at the border.

    “In recent decades, India’s legal landscape has also undergone a significant change in favour of removing strangulating regulations, augmenting consumer welfare and supporting commercial transactions.”

    The CJI noted that legislations such as the Competition law and the Insolvency and Bankruptcy Code have been enacted to promote fair market competition.

    Similarly, the Goods and Services Tax (GST) has sought to streamline indirect taxation on the supply of goods and services in India, he added.

    “If you look at the Constitution, it does not favour unbounded economic liberalism. Rather, our Constitution seeks to find the right balance.”

    The CJI further said the Constitution allows the state to change and evolve its legal and economic policies to meet societal demands.

    He said that when individuals have the opportunity to exercise their liberties and to be fairly rewarded for their efforts, then economic justice becomes one of the many interrelated dimensions of life.

    Ultimately, we share common faiths and destinies to the point that the development of each individual fosters social justice in the entire world, he added.

    “We have come a long way from the time when getting a phone required you had to wait for a decade, and buying your car even longer at times. We have come a long way from the time of the control of capital issues,” he added.

    Talking about Palkhivala and several prominent cases in which he was involved, the CJI said the eminent jurist was at the forefront of preserving the very identity and cardinal principle embedded in the Constitution.

    “Nonetheless, the larger picture of legal culture and local dimensions of law, which are dictated by the local context, should never be obfuscated. Law is always grounded in social realities.”

    MUMBAI: Chief Justice of India D Y Chandrachud on Saturday called the basic structure doctrine a North Star that guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.

    The remarks by the CJI came against the backdrop of the recent remarks by Vice President Jagdeep Dhankhar who questioned the landmark 1973 Kesavananda Bharati case verdict that gave the basic structure doctrine.

    Dhankar had said the verdict set a bad precedent and if any authority questions Parliament’s power to amend the Constitution, it would be difficult to say “we are a democratic nation.”

    Delivering the Nani A Palkhivala Memorial Lecture here, the CJI said the craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping its soul intact.

    “The basic structure of our Constitution, like the north star, guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted,” he said.

    “The basic structure or the philosophy of our Constitution is premised on the supremacy of the Constitution, rule of law, separation of powers, judicial review, secularism, federalism, freedom and the dignity of the individual and the unity and integrity of the nation.”

    The CJI said that from time to time, we require people like Nani Palkhivala, who was an eminent jurist, to hold candles in their steady hands to light the world around us. “Nani told us that our Constitution has a certain identity which cannot be altered.”

    He said the doctrine of basic structure has shown that it might be beneficial for a judge to look at how other jurisdictions have dealt with similar problems for them.

    The basic structure principle became the ground for setting aside several Constitutional amendments, including the quashing of the Constitutional amendment and the corresponding NJAC Act on the appointment of judges in the higher judiciary.

    ALSO READ | WEB SCRAWL:  In defense of the collegium

    Dhankhar, who is the Rajya Sabha chairman, recently said he does not subscribe to the Kesavananda Bharati case verdict that Parliament can amend the Constitution but not its basic structure. He had asserted that parliamentary sovereignty and autonomy are quintessential for the survival of democracy and cannot be permitted to be compromised by the executive or judiciary.

    Addressing the 83rd All India Presiding Officers Conference in Jaipur on January 11, he said the judiciary cannot intervene in lawmaking. “In 1973, a wrong precedent (galat parampara) started.”

    “In 1973, in the Kesavananda Bharati case, the Supreme Court gave the idea of basic structure saying Parliament can amend the Constitution but not its basic structure. With due respect to the judiciary, I cannot subscribe to this,” Dhankhar, who has been a Supreme Court lawyer, said.

    Dhankar’s statement came against the backdrop of a raging debate on the issue of appointment to the higher judiciary with the government questioning the current Collegium system and the Supreme Court defending it.

    In his lecture, Justice Chandrachud said the identity of the Indian Constitution has evolved through the interaction of Indian citizens with the Constitution and has been accompanied by judicial interpretation.

    “The craftsmanship of a judge lies in interpreting the text of the Constitution with the changing times while keeping its soul intact,” he added.

    The CJI also observed that India’s legal landscape has undergone a significant change in recent decades in favour of removing “strangulating regulations, augmenting consumer welfare and supporting commercial transactions.”

    He said the emerging world economy has erased national boundaries, and companies no longer stop at the border.

    “In recent decades, India’s legal landscape has also undergone a significant change in favour of removing strangulating regulations, augmenting consumer welfare and supporting commercial transactions.”

    The CJI noted that legislations such as the Competition law and the Insolvency and Bankruptcy Code have been enacted to promote fair market competition.

    Similarly, the Goods and Services Tax (GST) has sought to streamline indirect taxation on the supply of goods and services in India, he added.

    “If you look at the Constitution, it does not favour unbounded economic liberalism. Rather, our Constitution seeks to find the right balance.”

    The CJI further said the Constitution allows the state to change and evolve its legal and economic policies to meet societal demands.

    He said that when individuals have the opportunity to exercise their liberties and to be fairly rewarded for their efforts, then economic justice becomes one of the many interrelated dimensions of life.

    Ultimately, we share common faiths and destinies to the point that the development of each individual fosters social justice in the entire world, he added.

    “We have come a long way from the time when getting a phone required you had to wait for a decade, and buying your car even longer at times. We have come a long way from the time of the control of capital issues,” he added.

    Talking about Palkhivala and several prominent cases in which he was involved, the CJI said the eminent jurist was at the forefront of preserving the very identity and cardinal principle embedded in the Constitution.

    “Nonetheless, the larger picture of legal culture and local dimensions of law, which are dictated by the local context, should never be obfuscated. Law is always grounded in social realities.”

  • Government misread NJAC verdict, says Additional Solicitor General Vikas Singh

    Express News Service

    NEW DELHI:  With Kiren Rijiju’s letter to Chief Justice of India DY Chandrachud seeking inclusion of government representatives in the decision making process for appointment of judges to the higher judiciary drawing flak, the Union law minister defended his missive saying it was based on the 2015’s bench verdict that struck down the National Judicial Appointments Commission (NJAC).

    “This is precise follow-up action of the direction of Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC Constitution Bench had directed to restructure the MoP of the collegium system,” Rijiju said in a tweet.

    I hope you honour Court’s direction! This is precise follow-up action of the direction of Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC Constitution Bench had directed to restructure the MoP of the collegium system. https://t.co/b1l0jVdCkJ
    — Kiren Rijiju (@KirenRijiju) January 16, 2023
    The five-judge bench in 2015 while declaring the NJAC Act as unconstitutional, had agreed to review the Memorandum of Procedure (MoP) of the collegium system. Noting that the existing system of judicial appointment required reforms with regards to eligibility, transparency, Secretariat and complaint mechanism, the bench had directed the restructuring of the MoP. However, the MoP is yet to be revamped. 

    Speaking to this newspaper, senior advocate and former Additional Solicitor General Vikas Singh said, “The law minister has either not read the judgment or  not understood it. He can’t ask for the Centre to be included in the collegium because collegium is already decided”.

    “MoP comes into play after the collegium makes a recommendation and the modalities for making final recommendations. According to me, this letter by the government is clearly misconceived and shows complete lack of understanding of the legal position.” Both the AAP and the Congress criticised the letter, saying it’s extremely dangerous. 

    NEW DELHI:  With Kiren Rijiju’s letter to Chief Justice of India DY Chandrachud seeking inclusion of government representatives in the decision making process for appointment of judges to the higher judiciary drawing flak, the Union law minister defended his missive saying it was based on the 2015’s bench verdict that struck down the National Judicial Appointments Commission (NJAC).

    “This is precise follow-up action of the direction of Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC Constitution Bench had directed to restructure the MoP of the collegium system,” Rijiju said in a tweet.

    I hope you honour Court’s direction! This is precise follow-up action of the direction of Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC Constitution Bench had directed to restructure the MoP of the collegium system. https://t.co/b1l0jVdCkJ
    — Kiren Rijiju (@KirenRijiju) January 16, 2023
    The five-judge bench in 2015 while declaring the NJAC Act as unconstitutional, had agreed to review the Memorandum of Procedure (MoP) of the collegium system. Noting that the existing system of judicial appointment required reforms with regards to eligibility, transparency, Secretariat and complaint mechanism, the bench had directed the restructuring of the MoP. However, the MoP is yet to be revamped. 

    Speaking to this newspaper, senior advocate and former Additional Solicitor General Vikas Singh said, “The law minister has either not read the judgment or  not understood it. He can’t ask for the Centre to be included in the collegium because collegium is already decided”.

    “MoP comes into play after the collegium makes a recommendation and the modalities for making final recommendations. According to me, this letter by the government is clearly misconceived and shows complete lack of understanding of the legal position.” Both the AAP and the Congress criticised the letter, saying it’s extremely dangerous. 

  • Basic rights in India have become ‘luxuries’ & ‘entitlements’: Mehbooba writes to CJI

    By PTI

    SRINAGAR: Basic rights in the country have now become “luxuries” and “entitlements” bestowed upon only those who toe the government’s line on political, social and religious matters, former Jammu and Kashmir chief minister Mehbooba Mufti said on Saturday.

    In a letter to Chief Justice of India D Y Chandrachud, she also alleged that the trust deficit and growing alienation have only widened in Jammu and Kashmir since the abrogation of Article 370 in 2019.

    “I write to you with a deep sense of concern and worry about the prevailing situation in the country, especially J-K. Your recent observations on the inability of lower judiciary to grant bail in ordinary cases in a functioning democracy as ours should have been adopted as a directive rather than just being consigned to a single column story churned out in newspapers,” Mufti said in the letter posted on her Twitter handle.

    Wrote a letter to the Hon’ble Chief Justice of India about the worrying state of affairs in the country especially Jammu & Kashmir. Hoping for his kind intervention to ensure justice is served. pic.twitter.com/PdZ3zgZL1T

    — Mehbooba Mufti (@MehboobaMufti) December 31, 2022

    Speaking at the inauguration of the Andhra Pradesh Judicial Academy on Friday, CJI Chandrachud had said that over 63 lakh cases across the country have been considered to be delayed due to the non-availability of counsel and over 14 lakh cases are delayed as they await some kind of document or record.

    He had said that people must get rid of the colonial mindset of referring to and treating district courts as the subordinate judiciary in hierarchy and in practice.

    Mufti, the PDP president, said the fundamental rights enshrined in the Indian constitution and guaranteed to all Indian citizens “are being brazenly impinged upon.”

    “Unfortunately, it is these basic rights that have now become luxuries and entitlements bestowed upon only those select citizens who toe the Government’s line on political, social and religious matters.”

    “And more worryingly, to those who actively contribute and not obstruct GOI’s idea of an India where its strengths of diversity, religious pluralism and tolerance must be weeded out and crushed to lay the foundations of a one religion nation where minorities are relegated to the social, political and economic fringes,” she said.

    The Peoples Democratic Party (PDP) leader further alleged that since 2019, the fundamental rights of every resident of Jammu and Kashmir have been suspended arbitrarily and the constitutional guarantees given at the time of its accession were suddenly and unconstitutionally abrogated.

    She said hundreds of youngsters are languishing in jails outside the Union territory as undertrials and their condition is exacerbated since they belong to poor families who lack the wherewithal to get legal aid.

    “All this is happening at a time when the trust deficit and growing alienation has only widened since 2019. Passports being a fundamental right are impounded with full impunity. Journalists are being jailed and even prevented from flying out of country,” she said.

    While Mufti said the only ember of hope in these “bleak circumstances” is the judiciary which only can right these “wrongs,” she added, “however, it saddens me to say that so far our experience with the judiciary has not inspired much confidence.”

    She said it took the Supreme Court well over a year to order her release after she was detained under the Public Safety Act (PSA) in 2019.

    She, however, expressed hope that with the CJI’s intervention, justice is delivered and the people of J-K see their expectations of dignity, human rights, constitutional guarantees and a democratic polity realised which had inspired their forefathers to join Mahatama Gandhi’s India.

    SRINAGAR: Basic rights in the country have now become “luxuries” and “entitlements” bestowed upon only those who toe the government’s line on political, social and religious matters, former Jammu and Kashmir chief minister Mehbooba Mufti said on Saturday.

    In a letter to Chief Justice of India D Y Chandrachud, she also alleged that the trust deficit and growing alienation have only widened in Jammu and Kashmir since the abrogation of Article 370 in 2019.

    “I write to you with a deep sense of concern and worry about the prevailing situation in the country, especially J-K. Your recent observations on the inability of lower judiciary to grant bail in ordinary cases in a functioning democracy as ours should have been adopted as a directive rather than just being consigned to a single column story churned out in newspapers,” Mufti said in the letter posted on her Twitter handle.

    Wrote a letter to the Hon’ble Chief Justice of India about the worrying state of affairs in the country especially Jammu & Kashmir. Hoping for his kind intervention to ensure justice is served. pic.twitter.com/PdZ3zgZL1T

    — Mehbooba Mufti (@MehboobaMufti) December 31, 2022

    Speaking at the inauguration of the Andhra Pradesh Judicial Academy on Friday, CJI Chandrachud had said that over 63 lakh cases across the country have been considered to be delayed due to the non-availability of counsel and over 14 lakh cases are delayed as they await some kind of document or record.

    He had said that people must get rid of the colonial mindset of referring to and treating district courts as the subordinate judiciary in hierarchy and in practice.

    Mufti, the PDP president, said the fundamental rights enshrined in the Indian constitution and guaranteed to all Indian citizens “are being brazenly impinged upon.”

    “Unfortunately, it is these basic rights that have now become luxuries and entitlements bestowed upon only those select citizens who toe the Government’s line on political, social and religious matters.”

    “And more worryingly, to those who actively contribute and not obstruct GOI’s idea of an India where its strengths of diversity, religious pluralism and tolerance must be weeded out and crushed to lay the foundations of a one religion nation where minorities are relegated to the social, political and economic fringes,” she said.

    The Peoples Democratic Party (PDP) leader further alleged that since 2019, the fundamental rights of every resident of Jammu and Kashmir have been suspended arbitrarily and the constitutional guarantees given at the time of its accession were suddenly and unconstitutionally abrogated.

    She said hundreds of youngsters are languishing in jails outside the Union territory as undertrials and their condition is exacerbated since they belong to poor families who lack the wherewithal to get legal aid.

    “All this is happening at a time when the trust deficit and growing alienation has only widened since 2019. Passports being a fundamental right are impounded with full impunity. Journalists are being jailed and even prevented from flying out of country,” she said.

    While Mufti said the only ember of hope in these “bleak circumstances” is the judiciary which only can right these “wrongs,” she added, “however, it saddens me to say that so far our experience with the judiciary has not inspired much confidence.”

    She said it took the Supreme Court well over a year to order her release after she was detained under the Public Safety Act (PSA) in 2019.

    She, however, expressed hope that with the CJI’s intervention, justice is delivered and the people of J-K see their expectations of dignity, human rights, constitutional guarantees and a democratic polity realised which had inspired their forefathers to join Mahatama Gandhi’s India.

  • Need to change image of judiciary, CJI DY Chandrachud urges courts to dispose of oldest cases 

    Express News Service

    NEW DELHI: Stressing the need to change the image of the judiciary which is based on the classical movie phrase, “tareekh pe tareekh”, CJI DY Chandrachud on Friday urged the court establishments to identify and target disposing of oldest cases in the next few months. 

    Speaking at the inauguration of the Andhra Pradesh Judicial Academy, CJI said, “As we think about the access of justice, we need to change the image of the judiciary which is based on the classical movie phrase, “tareekh pe tareekh”. A starting point can be for all of us in each court establishment, be it high court or district court to identify the oldest case and the number of cases in the 10-year period after that and target the oldest cases in the next few months.”

    “I request all of you to instrumentalise information and technology tools to monitor the pendency and disposal of cases. If we use simple tools which are now available you will find that we will be able to do justice and revolutionize the image of the judiciary in India.” 

    Terming district courts as the backbone judiciary and the first judicial institutions for interaction by many, he also said that people must get rid of the colonial mindset of referring to and treating district courts as the subordinate judiciary in hierarchy and in practice. 

    ALSO READ | SC disposes of 6,844 cases since Chandrachud took over as CJI

    Underscoring the reasons for the delay in the disposal of cases by referring to the data available at the National Judicial Data Grid, the CJI further said reasons for delay are not attributable to judges and this is what we need to understand and portray across society.

    “Across the country, almost 14 lakh cases have been delayed for some kind of record or document is being awaited which is beyond the control of the court. Similarly, 63 lakh cases have been considered to be delayed as per NGDG data due to the non-availability of counsel. We really need the support of the bar to ensure that our courts are functioning at optimum capacity. I must also note that our current data is based on inputs from the court so it is possible that the number of cases which are delayed due to these reasons is much higher or much lower as we have not received full data from all the courts,” he added. The judge further said that to enable court establishment to monitor the progress justice clocks will be established in every court establishment. 

    Coining the rule of bail but not jail as one of the most fundamental rules of the criminal justice system, the CJI said that in practice the number of undertrials languishing in prisons in India reflects a paradoxical situation. He also said that deprivation of liberty, even for a single day is a day too many.

    “While speaking in the state which has a history of legendary lawyers pursuing the cause of civil rights, I would be remiss if I did not share a few thoughts on one of the potent criticisms that have been levelled against the judiciary. It’s a track record in upholding the constitutional principles of personal liberty. The often cited rule is bail but not jail is one of the most fundamental rules of the criminal justice system. Yet in practice the number of undertrials languishing in prisons in India reflects a paradoxical situation, deprivation of liberty, even for a single day is a day too many,” he said.

    CJI further said that the provisions of bail must not be meaningless and mechanical. Laying emphasis on the brooding sense of fear amongst the courts of the first instance with regards to the manner in which the grant of bail will be perceived, CJI while terming such fear as purely irrational said that he has called upon Chief Justices to ensure that the practice is done away with. 

    “There have been multiple cases where trial court judges have been pulled up for grant of bail in certain High Courts. The performance of judges has been analyzed on the basis of their conviction rate. At the chief justices’ conference, I have specifically called upon the chief justices to ensure that such practices are done away with,” he said. Additionally, he also urged the judicial officers who have limitations in mingling freely in society to focus on the situation in the outside world and also have a sense of emotional stability while discharging their functions. 

    NEW DELHI: Stressing the need to change the image of the judiciary which is based on the classical movie phrase, “tareekh pe tareekh”, CJI DY Chandrachud on Friday urged the court establishments to identify and target disposing of oldest cases in the next few months. 

    Speaking at the inauguration of the Andhra Pradesh Judicial Academy, CJI said, “As we think about the access of justice, we need to change the image of the judiciary which is based on the classical movie phrase, “tareekh pe tareekh”. A starting point can be for all of us in each court establishment, be it high court or district court to identify the oldest case and the number of cases in the 10-year period after that and target the oldest cases in the next few months.”

    “I request all of you to instrumentalise information and technology tools to monitor the pendency and disposal of cases. If we use simple tools which are now available you will find that we will be able to do justice and revolutionize the image of the judiciary in India.” 

    Terming district courts as the backbone judiciary and the first judicial institutions for interaction by many, he also said that people must get rid of the colonial mindset of referring to and treating district courts as the subordinate judiciary in hierarchy and in practice. 

    ALSO READ | SC disposes of 6,844 cases since Chandrachud took over as CJI

    Underscoring the reasons for the delay in the disposal of cases by referring to the data available at the National Judicial Data Grid, the CJI further said reasons for delay are not attributable to judges and this is what we need to understand and portray across society.

    “Across the country, almost 14 lakh cases have been delayed for some kind of record or document is being awaited which is beyond the control of the court. Similarly, 63 lakh cases have been considered to be delayed as per NGDG data due to the non-availability of counsel. We really need the support of the bar to ensure that our courts are functioning at optimum capacity. I must also note that our current data is based on inputs from the court so it is possible that the number of cases which are delayed due to these reasons is much higher or much lower as we have not received full data from all the courts,” he added. The judge further said that to enable court establishment to monitor the progress justice clocks will be established in every court establishment. 

    Coining the rule of bail but not jail as one of the most fundamental rules of the criminal justice system, the CJI said that in practice the number of undertrials languishing in prisons in India reflects a paradoxical situation. He also said that deprivation of liberty, even for a single day is a day too many.

    “While speaking in the state which has a history of legendary lawyers pursuing the cause of civil rights, I would be remiss if I did not share a few thoughts on one of the potent criticisms that have been levelled against the judiciary. It’s a track record in upholding the constitutional principles of personal liberty. The often cited rule is bail but not jail is one of the most fundamental rules of the criminal justice system. Yet in practice the number of undertrials languishing in prisons in India reflects a paradoxical situation, deprivation of liberty, even for a single day is a day too many,” he said.

    CJI further said that the provisions of bail must not be meaningless and mechanical. Laying emphasis on the brooding sense of fear amongst the courts of the first instance with regards to the manner in which the grant of bail will be perceived, CJI while terming such fear as purely irrational said that he has called upon Chief Justices to ensure that the practice is done away with. 

    “There have been multiple cases where trial court judges have been pulled up for grant of bail in certain High Courts. The performance of judges has been analyzed on the basis of their conviction rate. At the chief justices’ conference, I have specifically called upon the chief justices to ensure that such practices are done away with,” he said. Additionally, he also urged the judicial officers who have limitations in mingling freely in society to focus on the situation in the outside world and also have a sense of emotional stability while discharging their functions. 

  • Morality is a fluid concept, but it’s dictated by dominant groups: CJI

    By Online Desk

    The Chief Justice of India DY Chandrachud on Saturday said that Dr Ambedkar was making a revolutionary statement by dressing in a three-piece suit to reclaim his community’s identity.

    The CJI was delivering a lecture on “Law and Morality: Bounds and Reaches” in memory of former Attorney General of India late Advocate Ashok Desai, legal news portals reported.

    Chandrachud, according to Live Law, added that Ambedkar crushed the Code of Conduct prescribed by the oppressor caste through his clothing choices to reclaim his community’s identity in society.

    The groups that traditionally have socioeconomic and political power have an advantage over the weaker sections in establishing the code of conduct of morality for society.

    “The argument that I’m trying to build is that vulnerable groups are placed at the bottom of the social structure; that their consent, even if obtained, is a myth,” he said.

    Hundreds of young people die in India due to honour killings merely because they love someone or marry outside their caste or against their family’s wishes, Chandrachud lamented.

    ALSO READ | Review age of consent: CJI DY Chandrachud to Parliament

    In this regard, the CJI said that morality is a fluid concept that varies from person to person. But it is often dictated by dominant groups.

    The CJI, according to Bar and Bench, added that members of weaker and marginalised groups are forced to submit to dominant groups and cannot develop their counterculture because of oppression.

    He opined that the Indian Constitution was designed not for people as they were, but how they ought to be, Bar and Bench reported.

    “It is the flag bearer of our fundamental rights. It guides us in our daily life,” Chandrachud said.

    The Chief Justice of India DY Chandrachud on Saturday said that Dr Ambedkar was making a revolutionary statement by dressing in a three-piece suit to reclaim his community’s identity.

    The CJI was delivering a lecture on “Law and Morality: Bounds and Reaches” in memory of former Attorney General of India late Advocate Ashok Desai, legal news portals reported.

    Chandrachud, according to Live Law, added that Ambedkar crushed the Code of Conduct prescribed by the oppressor caste through his clothing choices to reclaim his community’s identity in society.

    The groups that traditionally have socioeconomic and political power have an advantage over the weaker sections in establishing the code of conduct of morality for society.

    “The argument that I’m trying to build is that vulnerable groups are placed at the bottom of the social structure; that their consent, even if obtained, is a myth,” he said.

    Hundreds of young people die in India due to honour killings merely because they love someone or marry outside their caste or against their family’s wishes, Chandrachud lamented.

    ALSO READ | Review age of consent: CJI DY Chandrachud to Parliament

    In this regard, the CJI said that morality is a fluid concept that varies from person to person. But it is often dictated by dominant groups.

    The CJI, according to Bar and Bench, added that members of weaker and marginalised groups are forced to submit to dominant groups and cannot develop their counterculture because of oppression.

    He opined that the Indian Constitution was designed not for people as they were, but how they ought to be, Bar and Bench reported.

    “It is the flag bearer of our fundamental rights. It guides us in our daily life,” Chandrachud said.

  • No SC benches to be available during winter vacation: CJI DY Chandrachud

    Friday is the last working day of the top court before it goes on a two-week winter break. The apex court will reopen on January 2.

  • SC to hear plea on deletion of lakhs of names from voter lists in TS, AP

    Express News Service

    NEWDELHI : The Supreme Court on Wednesday issued notice in a plea challenging deletion of lakhs of names from the voter lists in Andhra Pradesh and Telangana. “An important issue which we have to decide,” a bench headed by Chief Justice of India DY Chandrachud said.

    The court’s order came in a plea filed by a Hyderabad resident against the Telangana High Court dismissing his plea on April 21, 2022, ostensibly on the grounds that it was filed in 2018 and much water had flown down the Ganga.

    It was argued that ECI’s impugned actions to ‘purify’ electoral rolls – using an automated process from data received from Aadhaar and State governments and without proper notice or consent from voters was a blatant infringement on the right to vote.  “Likewise, the ECI’s actions to permit electronic linkages between EPIC data, Aadhaar, and SRDH is an unconstitutional invasion of voter privacy and the right against voter profiling. Despite these glaring violations, the high court accepted the ECI’s counter affidavit without demur and dismissed the PIL,” the petition stated.  Assailing the order, the plea said that the high court failed to consider that ECI did not enact valid law, rule or regulation to use a software or algorithm as an aid or substitute for verifying electoral rolls.

    “The software source-code or algorithmic parameters for identifying duplicate, dead, or shifted voters remains undisclosed. Names were removed from electoral rolls without any explanation or electronic audit trail shared with affected voters; and a similar de-duplication exercise conducted previously in 2015 had a failure rate of 92% – wherein the software flagged 37,54,648 voters as duplicates, while only 2,47,789 voters (8%) were found to be duplicate voter entries after field verification,” the petition stated.

    Against this backdrop, the petition also stated that the Election Commission of India abdicated its Constitutional duty under Article 324 and also deprived the voting rights of millions of voters of the two States.  “Egregiously, the ECI’s decision to create electronic linkages between voter ID and other government-owned databases has exposed voters to be profiled, targeted, and manipulated by entities with access to the data. ECI’s actions, therefore, threaten the sanctity and integrity of elections,” the plea stated.

    NEWDELHI : The Supreme Court on Wednesday issued notice in a plea challenging deletion of lakhs of names from the voter lists in Andhra Pradesh and Telangana. “An important issue which we have to decide,” a bench headed by Chief Justice of India DY Chandrachud said.

    The court’s order came in a plea filed by a Hyderabad resident against the Telangana High Court dismissing his plea on April 21, 2022, ostensibly on the grounds that it was filed in 2018 and much water had flown down the Ganga.

    It was argued that ECI’s impugned actions to ‘purify’ electoral rolls – using an automated process from data received from Aadhaar and State governments and without proper notice or consent from voters was a blatant infringement on the right to vote.  “Likewise, the ECI’s actions to permit electronic linkages between EPIC data, Aadhaar, and SRDH is an unconstitutional invasion of voter privacy and the right against voter profiling. Despite these glaring violations, the high court accepted the ECI’s counter affidavit without demur and dismissed the PIL,” the petition stated.  Assailing the order, the plea said that the high court failed to consider that ECI did not enact valid law, rule or regulation to use a software or algorithm as an aid or substitute for verifying electoral rolls.

    “The software source-code or algorithmic parameters for identifying duplicate, dead, or shifted voters remains undisclosed. Names were removed from electoral rolls without any explanation or electronic audit trail shared with affected voters; and a similar de-duplication exercise conducted previously in 2015 had a failure rate of 92% – wherein the software flagged 37,54,648 voters as duplicates, while only 2,47,789 voters (8%) were found to be duplicate voter entries after field verification,” the petition stated.

    Against this backdrop, the petition also stated that the Election Commission of India abdicated its Constitutional duty under Article 324 and also deprived the voting rights of millions of voters of the two States.  “Egregiously, the ECI’s decision to create electronic linkages between voter ID and other government-owned databases has exposed voters to be profiled, targeted, and manipulated by entities with access to the data. ECI’s actions, therefore, threaten the sanctity and integrity of elections,” the plea stated.