Need to address issues of adjournment, vacations: CJI
NEW DELHI, Jan 28:
Prime Minister Narendra Modi today said the Government was modernising laws keeping in view the present context and asserted that these legislations will further strengthen tomorrow’s India.
Addressing the 75th anniversary celebrations of the Supreme Court here, he said that with the enactment of three new criminal justice laws, India’s legal, policing and investigative systems entered a new era.
“It is important to ensure that the transition to the new laws from the ones dating back to hundreds of years is smooth. In this regard, we have already started training and capacity building work for Government employees,” the Prime Minister said.
Modi urged the Supreme Court to come forward to work towards the capacity building of other stakeholders.
“An empowered judicial system is a part of ‘Viksit Bharat’. The Government is working continuously and taking many decisions to form a trusted judicial system. The Jan Vishwas Bill is a step in this direction. In the future, this will reduce the unnecessary burden on the judicial system,” the Prime Minister said.
He said that the law on mediation will lessen the burden on courts as the legislation will improve the alternative dispute resolution mechanism.
The Prime Minister said the Supreme Court has strengthened India’s vibrant democracy and given many important verdicts on individual rights and freedom of speech which have given new direction to the country’s socio-political milieu.
“Today’s economic policies of India will form the basis of tomorrow’s bright India. The laws being made in India today will further strengthen tomorrow’s bright India,” the Prime Minister said.
“Laws made today will brighten the future of India. With changes happening globally, the world’s eyes are set on India, as the world’s faith is growing stronger in India. In such times, it is important for India to take advantage of every opportunity given to it,” Modi said.
He also noted that last week the Government had approved Rs 800 crore for the expansion of the Supreme Court building.
In a lighter vein, Modi hoped that no one moves a petition challenging the expansion of the top court’s infrastructure.
He also hinted that the new Parliament building project was challenged in the courts.
Prime Minister Modi underlined that ease of living, ease of doing business, travel and communication, and ease of justice were the nation’s top priorities.
“Ease of justice is the right of every Indian citizen and the Supreme Court of India, its medium,” he said.
To ensure last-mile justice delivery, the Prime Minister noted the recent decision on phase-III of the e-courts project to improve digital infrastructure of subordinate courts.
Expressing happiness at the availability of decisions in a digital format and the beginning of the project of translating Supreme Court decision in local languages, Modi hoped for similar arrangements in other courts of the country.
He said the use technology may have teething troubles, but it expands the horizons to improve justice delivery.
Modi also noted that India’s first woman judge of the Supreme Court, Justice M Fathima Beevi, was recently given the Padma Bhushan.
Modi also launched citizen-centric information and technology initiatives that include Digital Supreme Court Reports (Digi SCR), Digital Courts 2.0 and a new website of the Supreme Court.
Addressing the function, CJI Dy Chandrachud highlighted the demographic changes undergoing in India and said that women, traditionally under-represented in the legal profession, now constitute 36.3 per cent of the working strength of the district judiciary.
He called for the inclusion of diverse sections of the population into the legal profession, noting the representation of Scheduled Castes and Scheduled Tribes “is quite low both at the Bar as well as on the Bench”.
Terming it as a “momentous occasion” in the history of the nation, CJI Chandrachud said that women can now be seen in important positions in India.
“There is a focus on greater inclusion of the marginalised sections of society. Equally inspiring is the confidence of the younger population to succeed in their professional lives,” he said.
The Supreme Court of India came into existence on January 28, 1950. It initially functioned from the Parliament House before it moved to the present building here.
CJI Chandrachud said, “Traditionally, the legal profession was a profession of elite men. Times have changed. Women, traditionally under-represented in the profession, now constitute 36.3 per cent of the working strength of the district judiciary.”
The CJI also flagged the structural issues affecting the judiciary, such as pendency of cases, archaic procedures and the culture of adjournments, stressing that in the near future, these issues must be addressed.
“Our effort in our work as judges and administrators must be to ensure dignity to the district judiciary, which is the first point of contact for citizens.
“Our ability to remain relevant as an institution requires us to recognise challenges and begin difficult conversations,” he said.
The CJI said there is an urgent need to emerge from the adjournment culture to a culture of professionalism.
“Second, we have to ensure that the length of oral arguments does not interminably delay judicial outcomes.
“Third, the legal profession must provide a level playing field for first-generation lawyers – men, women and others from marginalised segments who have the will to work and the potential to succeed; and
“Fourth, let us begin the conversation on long vacations and whether alternatives such as flexitime for lawyers and judges is possible,” he said.
He highlighted that in the recruitment examination for Junior Civil Judges conducted in several states like Andhra Pradesh, Arunachal Pradesh, Chhattisgarh, Delhi, Himachal Pradesh, Karnataka, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Sikkim, Uttar Pradesh, and Uttarakhand, more than 50 per cent of the selected candidates were women.
CJI Chandrachud also highlighted the recent senior designation of advocates by the Supreme Court to a record number of women.
“We, as judges and administrations, cannot be ignorant of these rising aspirations.
“Before the beginning of 2024, only 12 women were designated as ‘Senior Advocates’ in the history of the Supreme Court over the last 74 years. Last week, the Supreme Court designated 11 women from different parts of the country as Senior Advocates at one selection,” he said.
The programme held in the Supreme Court premises was also attended by Union Minister of State of Law and Justice Arjun Ram Meghwal, serving and retired judges of the top court and the high courts and lawyers and law students.
Attorney General R Venkataramani, Bar Council of India chairman Manan Kumar Mishra and Supreme Court Bar Association President Adish C Aggarwala also addressed the gathering.
In his address, CJI Chandrachud said, “Our legitimacy will endure from the inclusion of diverse sections of the population in our system. Therefore, we need to make more efforts to bring different sections of the society into the legal profession.
“For instance, the representation of Scheduled Castes and Scheduled Tribes is quite low both at the Bar as well as on the Bench.”
He added that it is the 75th year since the founding provided an opportunity to meet these challenges and step into the future with an honest assessment of our progress. (PTI)
“We must reflect on the journey that we have traversed and renew our pledge to uphold the Constitution within and beyond the courtrooms,” the CJI said.
The programme was also attended by the Chief Justices of Bangladesh, Bhutan, Mauritius, Nepal, and Sri Lanka. (PTI)
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