News Analysis India

Tag: NV Ramana

  • Media must confine itself to honest journalism, not use influence to expand business: CJI Ramana

    By PTI

    NEW DELHI: Media must confine itself to honest journalism and not use it as a tool to expand its influence and business interests, said Chief Justice of India (CJI) NV Ramana on Tuesday.

    Ramana said a media house with “other business interests” becomes vulnerable to external pressures and often business interests prevail over the spirit of independent journalism which compromises democracy.

    Asserting that independent journalism is the “backbone of democracy”, the CJI “a former journalist– also urged the stakeholders to introspect why the standards here are not considered good enough for international recognition and laurel in the field of journalism.” He was speaking at the launch of Gulab Chand Kothari’s book titled ‘The Gita Vijnana Upanishad’.

    Lok Sabha Speaker Om Birla presided over the event.

    Last week, the CJI had raised similar concerns and said, “agenda-driven debates” and “kangaroo courts” being run by media are detrimental to the health of democracy.

    These recent remarks by Ramana assume significance following the backlash to a verdict earlier this month on former BJP spokesperson Nupur Sharma’s comments on Prophet Mohammad, which the Supreme Court said had stoked communal tension across the country.

    “When a media house has other business interests, it becomes vulnerable to external pressures. Often, business interests prevail over the spirit of independent journalism. As a result, democracy gets compromised,” Ramana said on Tuesday.

    “Journalists are the eyes and the ears of the people. It is the responsibility of media houses to present facts. Especially in the Indian social scenario, people still believe that whatever is printed is true. All I want to say is that the media must confine itself to honest journalism without using it as a tool to expand its influence and business interests,” he said.

    While the country’s senior-most judge acknowledged the presence of “journalists who are equally enthused in today’s media”, he remarked that when a brilliant story filed by a journalist is killed at the desk, it is thoroughly demoralising.

    He said the “true nature” of a media house would be assessed and appropriate conclusions drawn from their conduct during testing times as he recollected that “only media houses without business baggage, were able to fight for democracy during the dark days of Emergency”.

    CJI Ramana also said there was no “systemic support” for journalists in the country and neither was there an award which was comparable to the Pulitzer or “many Pulitzer winning journalists”.

    NEW DELHI: Media must confine itself to honest journalism and not use it as a tool to expand its influence and business interests, said Chief Justice of India (CJI) NV Ramana on Tuesday.

    Ramana said a media house with “other business interests” becomes vulnerable to external pressures and often business interests prevail over the spirit of independent journalism which compromises democracy.

    Asserting that independent journalism is the “backbone of democracy”, the CJI “a former journalist– also urged the stakeholders to introspect why the standards here are not considered good enough for international recognition and laurel in the field of journalism.” He was speaking at the launch of Gulab Chand Kothari’s book titled ‘The Gita Vijnana Upanishad’.

    Lok Sabha Speaker Om Birla presided over the event.

    Last week, the CJI had raised similar concerns and said, “agenda-driven debates” and “kangaroo courts” being run by media are detrimental to the health of democracy.

    These recent remarks by Ramana assume significance following the backlash to a verdict earlier this month on former BJP spokesperson Nupur Sharma’s comments on Prophet Mohammad, which the Supreme Court said had stoked communal tension across the country.

    “When a media house has other business interests, it becomes vulnerable to external pressures. Often, business interests prevail over the spirit of independent journalism. As a result, democracy gets compromised,” Ramana said on Tuesday.

    “Journalists are the eyes and the ears of the people. It is the responsibility of media houses to present facts. Especially in the Indian social scenario, people still believe that whatever is printed is true. All I want to say is that the media must confine itself to honest journalism without using it as a tool to expand its influence and business interests,” he said.

    While the country’s senior-most judge acknowledged the presence of “journalists who are equally enthused in today’s media”, he remarked that when a brilliant story filed by a journalist is killed at the desk, it is thoroughly demoralising.

    He said the “true nature” of a media house would be assessed and appropriate conclusions drawn from their conduct during testing times as he recollected that “only media houses without business baggage, were able to fight for democracy during the dark days of Emergency”.

    CJI Ramana also said there was no “systemic support” for journalists in the country and neither was there an award which was comparable to the Pulitzer or “many Pulitzer winning journalists”.

  • SC allows Centre to continue with security of Industrialist Mukesh Ambani, family in Mumbai

    By PTI

    NEW DELHI: The Supreme Court on Friday allowed the Centre to continue with the security cover for industrialist Mukesh Ambani and his family members in Mumbai.

    A bench comprising Chief Justice N V Ramana and Justices Krishna Murari and Hima Kohli allowed the appeal of the Central government to challenge the Tripura High Court’s direction on a PIL.

    A vacation bench, on June 29, had stayed the orders of the Tripura High Court on a PIL challenging the grant of security cover to the industrialist and his family members in Mumbai.

    Solicitor General Tushar Mehta, appearing for the Centre, had said that the PIL petitioner (Bikash Saha ) in Tripura has nothing to do with the security of individuals provided in Mumbai.

    The Tripura High Court had on a PIL filed by one Bikash Saha passed two interim orders on May 31 and June 21 and directed the Central Government to place the original file maintained by the Ministry of Home Affairs (MHA) regarding threat perception and assessment report of Ambani, his wife and children based on which security has been granted to them.

    NEW DELHI: The Supreme Court on Friday allowed the Centre to continue with the security cover for industrialist Mukesh Ambani and his family members in Mumbai.

    A bench comprising Chief Justice N V Ramana and Justices Krishna Murari and Hima Kohli allowed the appeal of the Central government to challenge the Tripura High Court’s direction on a PIL.

    A vacation bench, on June 29, had stayed the orders of the Tripura High Court on a PIL challenging the grant of security cover to the industrialist and his family members in Mumbai.

    Solicitor General Tushar Mehta, appearing for the Centre, had said that the PIL petitioner (Bikash Saha ) in Tripura has nothing to do with the security of individuals provided in Mumbai.

    The Tripura High Court had on a PIL filed by one Bikash Saha passed two interim orders on May 31 and June 21 and directed the Central Government to place the original file maintained by the Ministry of Home Affairs (MHA) regarding threat perception and assessment report of Ambani, his wife and children based on which security has been granted to them.

  • Laws are being passed without detailed deliberations and scrutiny, says Chief Justice of India

    By PTI

    JAIPUR: Chief Justice of India NV Ramana on Saturday said political opposition is translating into hostility which is not a sign of a healthy democracy.

    He said there used to be mutual respect between the government and the opposition, which is diminishing. “Political opposition should not translate into hostility, which we have been sadly witnessing these days. These are not signs of a healthy democracy,” Ramana said.

    He was speaking at an event organised at the Rajasthan Assembly by the Commonwealth Parliamentary Association (CPA). “There used to be mutual respect between government and opposition. Unfortunately, space for opposition is diminishing,” he said.

    The CJI also raised concerns over the quality of legislative performance. “Sadly, the country is witnessing a decline in the quality of legislative performance,” he said, adding laws are being passed without detailed deliberations and scrutiny.

    “Instead of engaging in meaningful debates for furthering democracy, politics has become acrimonious,” he said.

    He called for steps to address the “grave” issue of the high number of undertrial prisoners that is affecting the criminal justice system, saying there is a need to question procedures that lead to prolonged incarceration without any trial.

    Out of 6.10 lakh prisoners in the country, nearly 80 per cent are undertrial prisoners, he said at an event here and lamented that in the criminal justice system, the process “is a punishment”.

    “In the criminal justice system, the process is a punishment. From indiscriminate arrest to difficulty in obtaining bail, the process leading to prolonged incarceration of undertrial prisoners needs urgent attention. We need a holistic plan of action to increase the efficiency of the administration of the criminal justice system,” he said.

    However, he said that the goal should not be limited to enabling the early release of undertrial prisoners.

    “Rather, we should question procedures which lead to such prolonged incarceration in huge numbers without a trial,” he said.

    JAIPUR: Chief Justice of India NV Ramana on Saturday said political opposition is translating into hostility which is not a sign of a healthy democracy.

    He said there used to be mutual respect between the government and the opposition, which is diminishing. “Political opposition should not translate into hostility, which we have been sadly witnessing these days. These are not signs of a healthy democracy,” Ramana said.

    He was speaking at an event organised at the Rajasthan Assembly by the Commonwealth Parliamentary Association (CPA). “There used to be mutual respect between government and opposition. Unfortunately, space for opposition is diminishing,” he said.

    The CJI also raised concerns over the quality of legislative performance. “Sadly, the country is witnessing a decline in the quality of legislative performance,” he said, adding laws are being passed without detailed deliberations and scrutiny.

    “Instead of engaging in meaningful debates for furthering democracy, politics has become acrimonious,” he said.

    He called for steps to address the “grave” issue of the high number of undertrial prisoners that is affecting the criminal justice system, saying there is a need to question procedures that lead to prolonged incarceration without any trial.

    Out of 6.10 lakh prisoners in the country, nearly 80 per cent are undertrial prisoners, he said at an event here and lamented that in the criminal justice system, the process “is a punishment”.

    “In the criminal justice system, the process is a punishment. From indiscriminate arrest to difficulty in obtaining bail, the process leading to prolonged incarceration of undertrial prisoners needs urgent attention. We need a holistic plan of action to increase the efficiency of the administration of the criminal justice system,” he said.

    However, he said that the goal should not be limited to enabling the early release of undertrial prisoners.

    “Rather, we should question procedures which lead to such prolonged incarceration in huge numbers without a trial,” he said.

  • Space for Opposition is diminishing in India: CJI Ramana

    By PTI

    JAIPUR: Chief Justice of India NV Ramana on Saturday said political opposition is translating into hostility which is not a sign of a healthy democracy and asserted that strong parliamentary democracy demands “strengthening the Opposition as well”.

    There used to be mutual respect between the government and the Opposition, but the space for opposition is diminishing and laws are being passed without detailed deliberation and scrutiny, he lamented at an event here.

    The CJI said the people expect the court to stand as a counterweight to legislative and executive excess and this gains gravity, particularly whenever the Opposition is missing in action.

    Instead of engaging in meaningful debates for furthering democracy, politics has become acrimonious, he said.

    “The diversity of opinion enriches polity and society.

    Political opposition should not translate into hostility, which we are sadly witnessing these days.

    These are not signs of a healthy democracy,” CJI Ramana said.

    He was speaking at an event organised at the Rajasthan Assembly by the Commonwealth Parliamentary Association (CPA) on ’75 years of Parliamentary Democracy’.

    ALSO READ | Judiciary answerable to ‘Constitution and Constitution alone’: CJI Ramana

    Ramana, at an earlier event, said non-filling up of judicial vacancies was the main reason for the huge pendency of cases after Union Law Minister Kiren Rijiju flagged the backlog of five crore such cases.

    The CJI also called for steps to address the “grave” issue of the high number of undertrial prisoners that is affecting the criminal justice system, saying there is a need to question procedures that lead to prolonged incarceration without any trial.

    Out of 6.10 lakh prisoners in the country, nearly 80 per cent are undertrial prisoners, he said at an event here and lamented that in the criminal justice system, the process “is a punishment”.

    The CJI also raised concerns over the quality of legislative performance.

    “There used to be mutual respect between the government and opposition. Unfortunately, space for opposition is diminishing,” he said “Sadly, the country is witnessing a decline in the quality of legislative performance,” he said, adding laws are being passed without detailed deliberations and scrutiny.

    He said that if every wing of the state functions with efficiency and responsibility, the burden on others would reduce considerably. If the general administration is carried out efficiently by the officers, a lawmaker need not toil for ensuring basic facilities for his electorate, he observed.

    He said that the Constitution does not specify the minimum number of days for which the state assembly must meet every year.

    However, there is no doubt that the citizens will definitely benefit from longer engagements.

    Highlighting the significance of parliamentary debates and parliamentary committees, the CJI said that strengthening parliamentary democracy demands strengthening the opposition as well.

    “The leaders in the Opposition used to play a stellar role.

    There used to be a lot of mutual respect between the government and the opposition.

    Unfortunately, the space for opposition is diminishing. We are witnessing laws being passed without detailed deliberation and scrutiny,” he said.

    He said that the increasing state intervention in the lives of the population, dissatisfaction among the public about the other two wings and the rising awareness of rights have increased the public expectations from the judiciary.

    In a modern democracy, the people expect the court to stand as a counterweight to legislative and executive excess.

    This gains gravity, particularly whenever the opposition is missing in action, he said.

    Ramana said that as a judge at times he wonders as to how does one trace the legislative intent behind the enactments.

    Instead of engaging in meaningful debates for furthering democracy, politics has become acrimonious, he added.

    The CJI said that a strong, vibrant and active Opposition helps to improve the governance and corrects the functioning of the government.

    In an ideal world, it is the cooperative functioning of the government and the Opposition which will lead to a progressive democracy.

    Referring to his views on a decline in the quality of debate on last year’s Independence Day, he said that his observations were perceived in some quarters as criticism of lawmakers.

    “When I expressed those sentiments, my only concern was the burden imposed on the judiciary because of imperfections in lawmaking.

    “If the bills are thoroughly and dispassionately debated and all the well-meaning suggestions accommodated, we will have better laws. Laws without deficiency save the judiciary from the avoidable burden of litigation,”” he said.

    He also suggested lawmakers have quality assistance from legal professionals so that they are able to contribute to the debates meaningfully.

    He said that lawmaking is a complicated process and one cannot expect every lawmaker to have a legal background.

    The CJI urged the youth to be in touch with the past and present issues.

    He said that in today’s world, true empowerment lies in true awareness.

    “Be aware, be informed and it is only you who can decide your destiny.

    The future of this nation depends on your active participation in public life,” he said.

    JAIPUR: Chief Justice of India NV Ramana on Saturday said political opposition is translating into hostility which is not a sign of a healthy democracy and asserted that strong parliamentary democracy demands “strengthening the Opposition as well”.

    There used to be mutual respect between the government and the Opposition, but the space for opposition is diminishing and laws are being passed without detailed deliberation and scrutiny, he lamented at an event here.

    The CJI said the people expect the court to stand as a counterweight to legislative and executive excess and this gains gravity, particularly whenever the Opposition is missing in action.

    Instead of engaging in meaningful debates for furthering democracy, politics has become acrimonious, he said.

    “The diversity of opinion enriches polity and society.

    Political opposition should not translate into hostility, which we are sadly witnessing these days.

    These are not signs of a healthy democracy,” CJI Ramana said.

    He was speaking at an event organised at the Rajasthan Assembly by the Commonwealth Parliamentary Association (CPA) on ’75 years of Parliamentary Democracy’.

    ALSO READ | Judiciary answerable to ‘Constitution and Constitution alone’: CJI Ramana

    Ramana, at an earlier event, said non-filling up of judicial vacancies was the main reason for the huge pendency of cases after Union Law Minister Kiren Rijiju flagged the backlog of five crore such cases.

    The CJI also called for steps to address the “grave” issue of the high number of undertrial prisoners that is affecting the criminal justice system, saying there is a need to question procedures that lead to prolonged incarceration without any trial.

    Out of 6.10 lakh prisoners in the country, nearly 80 per cent are undertrial prisoners, he said at an event here and lamented that in the criminal justice system, the process “is a punishment”.

    The CJI also raised concerns over the quality of legislative performance.

    “There used to be mutual respect between the government and opposition. Unfortunately, space for opposition is diminishing,” he said “Sadly, the country is witnessing a decline in the quality of legislative performance,” he said, adding laws are being passed without detailed deliberations and scrutiny.

    He said that if every wing of the state functions with efficiency and responsibility, the burden on others would reduce considerably. If the general administration is carried out efficiently by the officers, a lawmaker need not toil for ensuring basic facilities for his electorate, he observed.

    He said that the Constitution does not specify the minimum number of days for which the state assembly must meet every year.

    However, there is no doubt that the citizens will definitely benefit from longer engagements.

    Highlighting the significance of parliamentary debates and parliamentary committees, the CJI said that strengthening parliamentary democracy demands strengthening the opposition as well.

    “The leaders in the Opposition used to play a stellar role.

    There used to be a lot of mutual respect between the government and the opposition.

    Unfortunately, the space for opposition is diminishing. We are witnessing laws being passed without detailed deliberation and scrutiny,” he said.

    He said that the increasing state intervention in the lives of the population, dissatisfaction among the public about the other two wings and the rising awareness of rights have increased the public expectations from the judiciary.

    In a modern democracy, the people expect the court to stand as a counterweight to legislative and executive excess.

    This gains gravity, particularly whenever the opposition is missing in action, he said.

    Ramana said that as a judge at times he wonders as to how does one trace the legislative intent behind the enactments.

    Instead of engaging in meaningful debates for furthering democracy, politics has become acrimonious, he added.

    The CJI said that a strong, vibrant and active Opposition helps to improve the governance and corrects the functioning of the government.

    In an ideal world, it is the cooperative functioning of the government and the Opposition which will lead to a progressive democracy.

    Referring to his views on a decline in the quality of debate on last year’s Independence Day, he said that his observations were perceived in some quarters as criticism of lawmakers.

    “When I expressed those sentiments, my only concern was the burden imposed on the judiciary because of imperfections in lawmaking.

    “If the bills are thoroughly and dispassionately debated and all the well-meaning suggestions accommodated, we will have better laws. Laws without deficiency save the judiciary from the avoidable burden of litigation,”” he said.

    He also suggested lawmakers have quality assistance from legal professionals so that they are able to contribute to the debates meaningfully.

    He said that lawmaking is a complicated process and one cannot expect every lawmaker to have a legal background.

    The CJI urged the youth to be in touch with the past and present issues.

    He said that in today’s world, true empowerment lies in true awareness.

    “Be aware, be informed and it is only you who can decide your destiny.

    The future of this nation depends on your active participation in public life,” he said.

  • Slandering of people in higher positions on rise: CJI NV Ramana

    By PTI

    HYDERABAD: Observing that there has been an increase in people deriving sadistic pleasure by misinterpreting court judgements in recent times, Chief Justice of India Justice NV Ramana on Thursday said all are friends to the judiciary as long as they do not cross their limits.

    Speaking at the launch function of 32 new judicial districts here at the Telangana High Court, Justice Ramana said judiciary is not a system that works for selfish motives of certain sections and “some friends” should remember that judiciary always works to upkeep people’s democratic rights always in accordance with the Constitution.

    Expressing dissatisfaction over non-creation of national judicial infrastructure body, the idea mooted by him after he became the Chief Justice, Justice Ramana said some states lost the opportunity to pass a unanimous resolution in this regard during the recently held joint conference of chief ministers and chief justices of high courts.

    “Benefits of the society and system are utmost important to the judiciary. In recent times it has become easy to slander people who are in higher positions. Those who could not achieve their selfish goals through the system are giving misinterpretation to courts’ judgements through which the number of people who get sadistic pleasure is also increasing. This is an unfortunate development,” Justice Ramana said.

    “All are friends to the judiciary as long as they don’t cross their limits. Sparing the ones who cross their limits is anti-constitutional. I request those friends to keep this in mind.”

    Without referring to any particular section Justice Ramana said, “some friends” who do not have proper understanding of the legal system should know that judiciary is not a system that works for selfish motives of certain sections.

    It works to upkeep people’s democratic rights always in accordance with the constitution.

    He stressed that it was the responsibility of every citizen of this country to ensure a stronger democracy, by up keeping judiciary as an independent body.

    Justice Ramana further said the erstwhile 13 judicial districts in Telangana have now become 35, which is first of its kind development in the country.

    He said the Telangana government has taken an initiative to decentralise the administration (by creating new districts) as a result judiciary was also expanded thus providing services to people who are seek legal remedies.

    He thanked Chief Minister K Chandrasekhar Rao, who was also present in the meeting, for providing necessary infrastructure for new courts.

  • Denial of justice would lead to anarchy: CJI Ramana in Srinagar

    By PTI

    SRINAGAR: It is imperative for a healthy democracy that people feel their rights and dignity are recognised and protected, Chief Justice of India N V Ramana said on Saturday, stressing that denial of justice would ultimately lead to anarchy.

    Addressing a function in Srinagar, the CJI urged lawyers and judges to create a congenial environment for litigants who are often “under a lot of psychological stress”.

    He lamented that the justice delivery mechanism in India is very “complex and expensive” and the country is far behind in making courts inclusive and accessible.

    “For the functioning of a healthy democracy, it is imperative that the people feel that their rights and dignity are protected and recognised. Expeditious adjudication of disputes is the hallmark of a healthy democracy. Denial of justice would ultimately lead to anarchy. Soon the institution of the judiciary would be destabilised as people will look for extrajudicial mechanisms,” the CJI said.

    The Chief Justice of India was here to lay the foundation stone of the new complex for the High Court of Jammu and Kashmir and Ladakh.

    “Peace shall only prevail when people’s dignity and rights are recognised and protected,” he said. 

    Chief Justice Ramana said in India, the courts have the constitutional duty of adjudication of rights and upholding the aspirations of the Constitution.

    “One of the major challenges to the protection of rule of law and human rights is the inability of the formal justice system to deliver speedy and affordable justice to all. The justice delivery mechanism in India is very complex and expensive,” he said.

    He said the judiciary must be at its innovative best to ensure that the challenges to its working are met with just and Constitutional measures.

    “Technology has been a strong aid to the judiciary. Now, virtual courts are bridging the gaps of accessibility by reducing time, cost and distance. But in a country like India, where a vast digital divide still exists, much needs to be done in order to harness the full potential of technological innovations,” he added.

    The Chief Justice of India expressed happiness after laying the foundation stone of the new high court complex here.

    “Solving the problems of infrastructure is very close to my heart. I have consistently emphasised the need for the development and modernisation of infrastructure.

    Sadly, post-independence, judicial infrastructure has not been overhauled to meet the demands of the growing needs of modern India.

    “We are far behind in making our courts inclusive and accessible. If we don’t attend to this urgently, the Constitutional ideal of access to justice would stand defeated,” he said.

    He said the district judiciary is the foundation of the judiciary.

    “Only if the foundation is strong, the entire system can flourish. As I have mentioned earlier, the condition of judicial infrastructure across the country is far from satisfactory. Courts are operating from rented accommodations and under deplorable conditions.”

    The chief justice began his over 20-minute speech with a famous verse by poet Ali Jawad Zaidi as he reminisced about his visits to Kashmir earlier.

    “Muddaton baad jo aayaa hoon is vaadi mein Ik naya husn, naya rang nazar aata hai (I have come to this valley after ages. I can see a new beauty, new colour).”

    The CJI said, “I had the fortune to visit this paradise many times, but every time I have been amazed by its beauty and moved by its hospitality. It’s a land where one gets to experience four seasons. The kindness of the people here, and the enriching culture of Kashmir, transforms every soul that visits this scenic land.”

    The chief justice touched on various issues facing the lower judiciary and asked the concerned to take advantage of the 100 percent funding by the central government.

    “The other aspect which I keep on highlighting is the need to fill up the vacancies. Twenty-two per cent of the posts in the district judiciary are still lying vacant. Steps have to be initiated immediately to fill this gap. Appropriate steps are also required to be taken for providing security and accommodation for all the Judges,” he added.

    Chief Justice Ramana said judges and lawyers must take an oath to work hard to make justice a reality.

    “Mere laws are not enough to build tradition in a country. It requires men of indelible character inspired by high ideals to infuse life and spirit in the skeleton of the laws,” he said adding the judges play a very significant role in the Constitutional scheme.

    “Common man always considered the judiciary as the ultimate guardian of rights and liberties… Your swift, proactive and sensitive decision can make a lot of difference in the lives of several people who are in desperate need of justice. Create a congenial environment for the litigants. Often, litigants are under a lot of psychological stress,” he said.

  • SC seeks Centre’s reply on protecting citizens from sedition cases till it re-examines law

    By PTI

    NEW DELHI: The Supreme Court Tuesday asked the Centre to apprise it about the views on the issue of protection of interest of citizens till the colonial-era penal law on sedition is reconsidered by an appropriate forum.

    A bench headed by Chief Justice N V Ramana took note of the submissions of the Centre that said it has decided to “re-examine and reconsider” the sedition law by an “appropriate forum” and sought the response to a suggestion whether the filing of sedition cases in future be kept at abeyance till re-examination.

    Solicitor General Tushar Mehta, appearing for the Centre, said that he would take instruction from the government and apprise the bench on Wednesday.

    “We are making it very clear. We want instructions. We will give you time till tomorrow. Our specific queries are: one about pending cases and the second, as to how the government will take care of future cases”, said the bench.

    It sought a response on the issue saying “if future cases can be kept at abeyance till reconsideration is over”.

    The Union Ministry of Home Affairs in an affidavit filed before the apex court on Tuesday said the decision was in tune with the views of Prime Minister Narendra Modi on shedding “colonial baggage”, noting he has been in favour of the protection of civil liberties and respect of human rights and in that spirit, over 1,500 outdated laws and over 25,000 compliance burdens have been scrapped.

    The top court has been hearing a clutch of pleas challenging the validity of the law on sedition which has been under intense public scrutiny for its alleged misuse to settle political scores by various governments.

  • Explosion of cases triggered by non-performance of various wings of executive, legislature: CJI

    By Express News Service

    NEW DELHI: Speaking at the inauguration of the Joint Conference of the Chief Ministers and Chief Justices on Saturday, Chief Justice of India (CJI) N V Ramana said the explosion in the number of cases in the country was mainly trigged by non-performance of various wings of the executive and legislature not realising their full potential.

    Prime Minister Narendra Modi inaugurated the joint conference.

    The CJI quoted the first Chief Justice of India Harilal Kania who said that this court will be called upon to discharge its duties as perhaps no other court has so far been called upon to do so.

    He added that land disputes account for 66% of the pendency in the courts.

    He reminded that the Constitution provides separation of powers among the three organs of the state and while discharging duty, one should be mindful of the ‘Lakshman Rekha’. He assured that the judiciary would never come in the way of governance, if it is in accordance with law.

    “We share your anxiety and concern regarding the welfare of the people,” he said.

    Speaking at the conference, the CJI said deliberate inaction by governments despite judicial pronouncements is not good for the health of democracy. The burden of courts increases when several contempt petitions come before it due to non-implementation of court decisions by the governments, he added.

    He emphasized the fact that policy making is not the judiciary’s domain, but, if a citizen comes to the court with a prayer to address his grievance, the courts cannot say no, and at times, ambiguities in legislations also add to existing legal issues.

    “If the legislature passes a law, with clarity of thought, foresight and with people’s welfare in mind, the scope for litigation gets minimized,” he said.

    The CJI said that when he had expressed concern about the passing of laws without much legislative scrutiny, some quarters had misunderstood him on August 15, 2021 and added that there should be no doubt about his highest regard for the legislature and the elected representatives.

    Courts, being temples of justice, should be welcoming and carry the requisite dignity and aura, he said, adding that the environment of some district courts is such that even lady advocates feel apprehensive about entering court rooms, let alone female clients.

    He said that there is a severe gap between the existing infrastructure and the projected justice needs of the people.

    “To standardize and improve judicial infrastructure, I have been focusing on the creation of special purpose vehicles, namely, the National Judicial Infrastructure Authority and the State Judicial Infrastructure Authorities on the lines of NALSA and SLSAs,” he said.

    He clarified that the issue is not about funds and acknowledged that the Union government has been making reasonable budgetary allocation through its centrally sponsored scheme for this purpose.

    “…The time has come to move on from the present ad-hoc committees to a more streamlined, accountable and organised structure,” he said.

    “… The proposed authorities are not aimed at usurping the powers of any government. The proposed authorities will have representation from all the stakeholders. It must however be acknowledged that it is the judiciary which best understands its own needs and requirements,” he added.

    He said that the present proposal aims to bring infrastructure development under the supervision of Special Purpose Vehicles to be headed by the respective Chief Justices and involve the representatives of the central and state governments.

    The rising number of frivolous litigations is an area of concern and the well-meaning concept of public interest litigation turns into personal interest litigation at times, he said.

    “No doubt, PIL has served a lot of public interest. However, it is sometimes being misused to stall projects or pressurize public authorities. These days, PIL has become a tool for those who want to settle political scores or corporate rivalry,” he said.

    “… This conference is an occasion for us to introspect and contemplate solutions. I have been a strong proponent of “Indianization of the Justice Delivery System”. By Indianisation, I mean increasing accessibility by moulding the system to suit the needs and sensibilities of the Indian population,” he added.

    The CJI elaborated that it is a multidimensional concept. It calls for inclusivity, providing access to justice, removal of language barriers, reforms in practice and procedure, development of infrastructure, filling up of vacancies, augmenting the strength of the judiciary and so on.

    He emphasized that he has a firm belief that judicial infrastructure, both in terms of personnel and physical infrastructure, needs urgent attention.

    The CJI pointed to the numbers to show the increase in burden on the judiciary, saying that while the sanctioned strength of judicial officers has increased by only 16 per cent in 6 years, the corresponding rise in pendency in district courts is 54.64 per cent. “This shows how inadequate the increase in the sanctioned strength is. Please be generous in creating more posts and filling the same so that our judge-to-population ratio is comparable to advanced democracies. As per the sanctioned strength, we have just around 20 judges per 10 lakh people, which is alarmingly low.”

  • CJI Ramana urges chief justices of HCs to improve judge-to-population ratio

    By PTI

     NEW DELHI: Chief Justice of India N V Ramana on Saturday highlighted the issue of judicial vacancies and urged the chief justices of high courts to improve the judge-to-population ratio so that it is comparable to advanced democracies.

    Ramana said as on today, out of 1,104 sanctioned posts of high court judges, there are 388 vacancies.

    Speaking at a joint conference of chief ministers and chief justices of high courts at Vigyan Bhawan here, he said an important factor in promoting access to justice is filling up of judicial vacancies and increasing the sanctioned strength of judges.

    “From day one, it has been my endeavour to fill judicial vacancies. We have made 180 recommendations for appointments in various high courts last year. Out of these, 126 appointments have been made. I thank the Government of India for clearing the names. However, 50 proposals are still awaiting approval by the Government of India. The high courts have sent around 100 names to the Government of India. They are yet to reach us. The data reveals the earnest efforts being made by the judiciary to fill the vacancies,” the CJI said.

    He urged the chief ministers to extend “wholehearted” cooperation to the chief justices of high courts in their endeavour to strengthen the district judiciary.

    “When we last met in 2016, the sanctioned strength of judicial officers in the country was 20,811. Now, it is 24,112, which is an increase of 16% in six years. On the other hand, in the corresponding period, pendency (of cases) in district courts has gone up from 2 crore 65 lakh to 4 crore 11 lakh, which is an increase of 54.64%. This data shows how inadequate the increase in the sanctioned strength is,” Ramana said.

    The CJI said unless the foundation is strong, the structure cannot be sustained.

    “Please be generous in creating more posts and filling the same, so that our judge-to-population ratio is comparable to advanced democracies. As per sanctioned strength, we have just around 20 judges per 10 lakh population, which is alarmingly low,” he said.

    Referring to Attorney General K K Venugopal’s statement at a Supreme Court Bar Association event Friday, the CJI highlighted the issue of vacancies and pendency of cases.

    Venugopal had said that 40 million cases are pending before trial courts, while 4.2 million civil cases and 1.6 million criminal cases are pending in high courts.

    “How do you expect that we would be able to even make a dent in the pendency of cases,” he had said.

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