A Court in Crisis

Context: Chief Justice of India (CJI) should take the lead to address the systemic issues plaguing the judiciary.

Chief Justice of India (CJI): the first amongst the equals

• Appointment: According to Article 124 of constitution, CJI shall be appointed by the President of India.
• Crux of Oath: Perform functions “without fear or favour” to “uphold the constitution and the laws”.
• Powers: Assumes powers such as the Master of the Roster to constitute benches & allocate matters. 
  • This power was reaffirmed by Supreme Court in Campaign for Judicial Accountability and Reforms v. Union of India, (2018) case.

Systemic issues plaguing the judiciary

• Growing interest of the government in cases dealt by judiciary:
  • While framing the constitution (according to B R Ambedkar), the judiciary was supposed to decide cases in which the Government has a low interest.
  • This position has changed now as the judiciary is now called upon to decide a large number of cases in which the government has a direct interest.
• Disproportionate powers enjoyed by CJI: S/he has significant powers as the Master of the Roster.
  • Resulting in casual treatment or deflection of serious hearing, bias in constituting benches, and allocating cases.
• Failure to ensure accountability of legislature and executive: Largely failed to seek accountability from legislature and executive for infraction of the Constitution and laws.
• Justice is eluding common man due to inherent and fundamental challenges: like millions of pending cases, quality of judges and their decisions, organisational issues, and its integrity and impartiality.

Suggestions to address the systemic issues:

• Constitutional amendments: Amend Article 50 of the constitution which mandates to separate the judiciary from the executive in the public services of the State.
  • The amendment should be similar to the amendment moved by K T Shah in constituent assembly which proposes a “separation of powers as between the principal organs of the State, viz., the Legislative, the Executive, and the Judicial.”
• Steps to be taken by CJI:
  • Should not show bias in constituting benches and allocating cases.
  • Take concrete steps to revitalize the administration of justice.