Each branch of government must honour its Constitutional design: CJI Sanjiv Khanna

Chief Justice of India (CJI) Sanjiv Khanna on Monday emphasized the need for each branch of the government to honour its Constitutional design.

CJI Khanna explained that judicial independence, as envisioned by the Constitution, does not serve as a high wall but as a catalyst for ensuring unbiased decisions free from political influence.

"Constitution by design insulates the judiciary from the ebbs and lows of electoral process. This ensures that decisions are unbiased and free of ill will. Each branch must honour it's Constitutional design. Judicial independence does not serve as a high wall but as a catalyst," he said.

The CJI was speaking at a Supreme Court event marking the 75th anniversary of the Constitution of India.

The event also saw the participation of Prime Minister Narendra Modi, Law Minister Arjun Ram Meghwal, Supreme Court judge Justice BR Gavai, Attorney General R Venkataramani, Supreme Court Bar Association President Kapil Sibal and Bar Council of India Chairman Manan Kumar Mishra among others.

Addressing the gathering, CJI Khanna highlighted the power bestowed upon courts by the Constitution for judicial review, which allows them to entertain public interest litigations (PILs), initiate suo motu cases, and appoint amicus curiae to aid in case decisions.

He stated that a judge’s perspective and critique are vital for ensuring a fair judicial process, and that transparency and openness were the biggest strengths of the judiciary.

"As judges perspectives and critique matters. Being open and transparent is biggest strength of judiciary. In being responsive to bring constructive we become more accountable," he said.

On the state of the judicial system, CJI Khanna noted that the year 2024 alone saw an overwhelming number of cases being filed - over 2.8 thousand crore cases in district courts, around 16.6 lakh cases in High Courts, and 54,000 cases in the Supreme Court. This has contributed to the staggering backlog of cases, with over 5.4 crore pending in district courts and 61 lakh in High Courts.

However, CJI Khanna pointed to a positive trend in case clearance with the Supreme Court’s clearance rate rising from 95% to 97%. He also addressed the issue of pending cheque bouncing cases which now make up 9% of the total backlog in district courts.

Despite efforts, plea bargaining as well as the practices of compounding and probation, have not gained much traction and may require legislative intervention to be more effective, he added.

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