Chief Justice of India Dhananjaya Chandrachud speaks about the role of judges in humanising the law

Summary

The Chief Justice of India discusses the importance of taking the process of justice and law to the people, balancing strict adherence to legal principles with the need to humanize the law. He elaborates on the judicial role in interpreting ambiguous laws, ensuring fair outcomes while respecting constitutional values. The conversation covers judicial activism, the separation of powers, and the impact of international law on Indian jurisprudence. The Chief Justice emphasizes transparency, technological advancements in the judiciary, and the ongoing challenge of case backlogs. He highlights the role of the judiciary in maintaining democratic values amidst political and social pressures.

Takeaways

• ⚖️ The Chief Justice of India emphasizes the importance of bringing justice and the administration of law to the homes and hearts of people.
• 📜 Judges interpret ambiguous laws to achieve constitutional purposes while ensuring outcomes are fair and just.
• 🧑‍⚖️ The Chief Justice believes in a fluid interpretation of law rather than strictly categorizing judges as activists.
• 🏛️ There's a clear distinction between the roles of the judiciary, the legislature, and the executive in a constitutional democracy.
• 👩‍❤️‍👩 The judiciary cannot legislate, and changes to laws, such as recognizing same-sex marriage, should be made by Parliament.
• 🌍 Indian courts extensively reference international conventions and comparative jurisprudence to inform their rulings.
• 🧠 The Indian judiciary uses technology to broaden access to justice, including AI for translating judgments and video conferencing.
• 📈 A high volume of cases indicates public trust in the judiciary, despite challenges like case backlogs.
• 🔍 Judges must consider the social and political impacts of their decisions without succumbing to external pressures.
• 🌟 The goal of the judiciary is to make society more humane, accessible, tolerant, and compassionate through reasoned dialogue.

Q & A

What is the Chief Justice of India's firm conviction regarding justice and law?

The Chief Justice of India firmly believes that the process of justice and the administration of law should reach the homes and hearts of people.

How does the Chief Justice of India balance strict adherence to legal principles with humanizing the law?

The Chief Justice explains that judges interpret the law, which often contains ambiguous phrases, to achieve the law's purpose consistent with constitutional principles. This involves interpreting the law to facilitate fair and humane outcomes.

Does the Chief Justice of India believe in the concept of an activist court?

No, the Chief Justice does not believe in the binary of human existence and activism. Instead, he sees the function of a judge as fluid, emphasizing that interpreting the law to uphold constitutional values and societal impacts is not activism but a duty.

What was the Chief Justice's stance on the ruling regarding the Special Marriage Act and same-sex marriage?

The Chief Justice emphasized that the Special Marriage Act, as written by Parliament, specifies marriage between a man and a woman. Therefore, it was not within the court's purview to reinterpret this to include same-sex marriage, though he personally believed in recognizing civil unions for same-sex couples.

How do Indian courts view the influence of international law and precedents?

Indian courts frequently reference international conventions and treaties, especially those to which India is a party, to inform their decisions. Comparative jurisprudence from various countries also influences Indian judicial decisions.

What role does technology play in the Indian judicial system?

Technology has been employed to broaden access to justice through video conferencing, digitizing court records, and using AI for translating judgments into various Indian languages, making the judicial process more accessible to the public.

What are the challenges faced by the Indian judiciary regarding case backlogs?

Challenges include a low judge-to-population ratio, unfilled judicial positions, and legislative impacts on judicial infrastructure. Measures to address these include increasing the number of judges, filling vacancies promptly, and using technology for case categorization.

How does the Chief Justice of India view the basic structure doctrine?

The basic structure doctrine, established in 1973, limits Parliament's power to amend the Constitution. It ensures that certain fundamental features of the Constitution remain protected and is also used as an interpretative tool to uphold constitutional values.

How does the Indian judiciary maintain public trust?

Public trust is maintained through transparency, accountability, and extensive use of technology. The high number of cases filed indicates a strong level of public trust in the judiciary as the Last Frontier for justice.

What advice does the Chief Justice of India offer for future judges?

The Chief Justice advises that judges should strive to make society more livable, humane, tolerant, and compassionate through their decisions, ensuring that justice is achieved through reasoned and orderly discourse.