Judges showed a sense of continuity of values during elections: CJI Chandrachud
Oxford/London, June 5 (PTI): Chief Justice of India DY Chandrachud in his address to the Oxford Union Society said elections are at the core of India’s constitutional democracy but judges reflect the sense of continuity of constitutional values that safeguard the system.
In his address on the topic ‘The human role of judges in society’ at the prestigious Oxford University Institute on Tuesday, the senior-most judge of India’s Supreme Court highlighted the role of technology in bringing greater transparency in the judicial system.
Acknowledging that some of the “unfair” criticisms levelled against judges on social media, the Chief Justice said the overall impact of technology is to help the judiciary reach out to a wider section of society.
“Elections are the core of constitutional democracy… Judges are not elected in India and there is a reason for that; judges reflect the continuity of circumstances, the sense of continuity of constitutional values,” he said in response to a question in the context of the general elections, the results of which were announced today.
Chief Justice Chandrachud said, “Judiciary has an important role in a democracy in which we reflect the spirit of tradition and also reflect the sense of what the future of a good society should be.”
When asked about the political and social pressures he faced while delivering judgments, the Chief Justice said that in his 24 years as a judge he never faced any “feeling of political pressure from the powers that be”.
He said, “We live relatively isolated lives from the political branch of government … but obviously judges need to be aware of the impact of their decisions on broader politics. This is not political pressure, but an understanding of the potential impact of a decision by the court.”
Chief Justice Chandrachud, while responding to questions from the student audience, was asked about the Supreme Court’s judgment on the Special Marriage Act, which ruled against legalising gay marriage in India last year.
He said, “I am not here to defend the judgment, because as a judge I believe that once a judgment is delivered it becomes the property of not only the nation but of global humanity. The Special Marriage Act was a law passed by Parliament… which envisages marriage in heterosexual relationships.” He further said that he was in the minority in a particular aspect of that case as he was in favour of recognising civil unions for gay couples “unless Parliament intervened”.
He said, “Three of my colleagues did not agree with us, because they believed that even recognizing gay marriage was outside the Court’s jurisdiction… What happens in courts in modern democracies should not really be seen in terms of the substantive outcome of the case. The Court is engaged in a process of constant dialogue, not only with the litigating parties, but also with civil society.”
He said this was the main motivation behind his decision to livestream important constitutional cases.
“We need to take the process of justice and the administration of law to the homes and hearts of the people,” he said.
As an independent, student-led institution whose members draw predominantly from the University of Oxford, the Oxford Union Society, commonly known as the Oxford Union, is one of the world’s leading debating societies, created since 1823 to uphold the principles of free speech.
In his keynote address, Chief Justice Chandrachud spoke at length about the judiciary, saying it is an instrument of justice that brings order and certainty and combats inhumane influences in society through a humane approach to adjudication.
“Technological intervention has humanised the process for the parties and the administrative staff of our courts. However, it is my duty to give a small caveat: I am not a supporter of complete automation of processes as I believe the absence of human minds will remove the human element from the process,” he said.
“It is important that we understand and value the pros and cons of using technology to ensure a humane system of justice. Artificial intelligence is full of unique possibilities for the future. We must also ensure that we put in place safeguards to govern artificial intelligence and do not shift the process of communication from judge to robot,” Chief Justice Chandrachud said. PTI AK SZM
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