Judiciary can’t be managed, immediately or not directly, by the legislature or the chief, or else the ‘rule of law’ would develop into illusory, Chief Justice of India N V Ramana asserted on Wednesday and on the similar time cautioned judges in opposition to being swayed by social media.
“The new media tools that have an enormous amplifying ability are incapable of distinguishing between right and wrong, good and bad and the real and fake. Therefore, media trials cannot be a guiding factor in deciding cases,” the CJI mentioned, including additionally it is crucial to begin a discourse as to how social media tendencies can have an effect on the establishments.
CJI Ramana made the observations whereas delivering the ’seventeenth Justice P. D. Desai Memorial Lecture’.
“For the judiciary to use checks on governmental energy and motion, it has to have full freedom. The judiciary can’t be managed, immediately or not directly, by the legislature or the chief, or else the rule of legislation would develop into illusory.
“At the same time, judges should not be swayed by the emotional pitch of public opinion either, which is getting amplified through social media platforms,” the CJI mentioned.
He added that the judges need to be aware of the truth that the noise thus amplified shouldn’t be essentially reflective of what’s proper.
“It is subsequently extraordinarily important to perform independently and face up to all exterior aids and pressures.
“While there is a lot discussion about the pressure from the executive, it is also imperative to start a discourse as to how social media trends can affect the institutions,” he added.
Noting the “unprecedented crisis” being confronted by the whole world as a result of COVID-19 pandemic, the CJI mentioned, “We necessarily have to pause and ask ourselves as to what extent we have used the ‘rule of law’ to ensure protection to and welfare of all of our people.”
“I began to feel that this pandemic might yet be a mere curtain-raiser to much larger crises in the decades to come. Surely we must at least begin the process of analysing what we did right and where we went wrong,” he mentioned.
The CJI added that in a democratic nation like India, entry to justice varieties the bedrock of the “rule of law” and urged all to increase a serving to hand to these in want.
“However, this guarantee of equal justice will be rendered meaningless if the vulnerable sections are unable to enjoy their rights because of their poverty or illiteracy or any other kind of weakness,” he mentioned.
He mentioned that gender equality is essential and authorized empowerment of ladies not solely allows them to advocate for his or her rights and wishes in society but in addition will increase their visibility within the authorized reform course of and permits their participation in it.
“Bias and prejudice necessarily lead to injustice, particularly when it relates to the minorities,” he added.
The CJI mentioned that any legislation backed by a sovereign have to be tempered by sure beliefs or tenets of justice. Only a State that’s ruled by such legislation, may be mentioned to have the ‘Rule of Law’.
“I would urge both young and senior counsel to extend a helping hand to those in need of justice… Let economy, gender, class or caste never be a hindrance in the path to secure justice,” he mentioned, emphasising the necessity to prolong ease of entry to justice.
“Only when the residents consider that they’ve honest and equal entry to justice, can we’ve got sustainable, simply, inclusive and peaceable societies.
“Citizens can strengthen the ‘Rule of Law’ by being knowledgeable about it and by applying it to their daily conduct and pushing for justice when needed,” he mentioned.
