The following article was written for OpIndia. Pasting it here for reference:
Recently, Justice N.V.Ramana had
retired as the Chief Justice of India after 16 months in tenure. The English
media, that celebrated his multitude of preachy speeches during his tenure, was
suddenly very unhappy with his tenure. Working in great tandem, all of them
wrote articles (1,
2,
3,
4, 5,
6)
repeating only one argument – that he resorted
to “judicial evasion” by keeping 6 Constitutional cases pending during his
tenure.
I was dismayed reading all these
articles. Dismayed not because all of them highlighted the same point; but
dismayed because they all were highlighting the least of his failures! CJI N.V.
Ramana was definitely a vocal judge occupying the media space quite frequently.
The reason he was in the news fairly regularly was because he gave speeches on
various topics, almost every weekend. In his farewell
speech, he mentions that this frequency was a conscious choice. Why?
Because he wanted to bring the courts closer to the people.
Now, that’s a baffling argument
to make. Why would mere speeches from the Chief Justice of India (that more
often sounded like sermons to everyone in the society) bring the courts closer
to the people? He is perhaps the only Judge on record to give a free sermon to
almost every institution every section of the society in the country. Except,
ofcourse, the Judiciary! Why would his views on how media
should function bring courts closer to people? Why would his complaints on
the executive
and legislature
bring courts closer to people? Why would his lament that people of our country cannot
afford courts bring courts closer to people? Why would his opinion on
investigative agencies like the CBI, bring courts closer to people?
You may now be tempted to ask –
but what is it that brings Courts closer to the people? For starters, it will
help if Courts start delivering judgments and documentation in regional
languages. This is not my intellectual idea that I am flaunting here. According
to our very own Justice N.V. Ramana – “I am receiving many
representations for introducing local languages in proceedings before high
courts”. The next obvious question is what has the mighty and powerful
Chief Justice of India done about this? Nothing. As with almost everything, he
has only offered his opinion and advice on this matter – “I think the
time has come now to revisit the demand and take it to a logical conclusion.”
What exactly does he mean by saying “revisit the demand”? If he received “many
representations”, then why exactly couldn’t he do anything on this? Doesn’t the CJI has enough powers to atleast
make a beginning on this front? Aren’t you as baffled as I am?
In his farewell
speech, he lamented that he could not solve the problem of listing of cases
in the Supreme Court. Surely, another thing that can bring courts closer to
people. It really begs the question – how can the mighty Chief Justice of India
not solve things that he is fully empowered to do? If he is not able to solve
matters right under his nose, then what right does it give him to sermonise
everyone else in the society?
Do you know what else will bring
courts closer to the people? “Modernisation of judicial infrastructure as
a means for providing access to justice”. Again, not my intellectual
idea. He said
it. And do you want to know what he did to solve it? In his own words, he
“pushed” for it. How did he “push” for it? By proposing a “National Judicial
Infrastructure Authority”! In March 2021, the CJI has made a
proposal to the GoI. In April 2022, this topic was discussed
at the meeting of all the CMs and CJIs of the states and no consensus
was reached. The reference to
infrastructure is very basic here – not enough complexes have separate toilets
for ladies (only 74% of court complexes have them!). It really beats me – since
2014, nearly 5000 crores has
been released by the GoI to the states for infrastructure related works. The
state governments also release money for such infrastructure. Can we really not
build separate toilets in our court complexes with this kind of money?
One of the important reasons why
Courts aren’t perceived to be closer to people is the huge pendency of
cases in the courts! And one of the important driving factors behind this
pendency is the vacancies in Judiciary. It is here that Justice N.V. Ramana has
definitely made a long-lasting impact on the Judiciary. The collegium headed by
him was able to clear the appointment of 11 new SC judges and 224 new High
Court Judges! These are excellent numbers and Justice N.V. Ramana must be complimented
for working closely with the government to close these vacancies, atleast in
the Supreme Courts and High Courts (he cannot do much about vacancies
in the lower courts though, it’s a fact).
But then he also tells us – “I
also tried to highlight the difference between the arrears and backlogs to put
things in perspective.” Yes sir, for the lakhs of people waiting for
their pending cases to close, explaining the difference between arrears and
backlogs will come as a huge relief! The problem of Judicial vacancies is being
monitored by the Supreme Court itself, since
2018, but we are yet to know of progress (or the lack of it) every since.
In his speeches meant to being
the courts closer to the people, Justice N.V.Ramana has also focussed
exclusively on defending
the Judiciary and the ways it functions.
He sought to lay the blame of delayed Justice itself at the doors
of the executive and the legislature; he repeatedly told us how hard
the life of a Judge is and how people don’t understand the sacrifices the
Judges make in their family lives. Yes, the violent attacks on some Judges are
a matter of concern that needs to be addressed. But for the crores of people in our country,
who make countless sacrifices in their lives, it really doesn’t prick their
conscience that Judges also make certain sacrifices.
His lament on the
disproportionately high costs of working with the courts is yet another thing
on which nothing has been done. The
legal fees for continuous representation are so high that the undertrials
languish in jails for months and years together. You find out that the
Judiciary itself called
this as a “crying shame on the judicial system”, way back in 1978!
Justice N.V. Ramana hasn’t
delivered all these speeches as an individual. He delivered them as the Chief
Justice of India. His sermons on what needs to change in Judiciary can only
become a reality when the Judiciary feels the exact pressure that our executive
and legislative wings feel every 5 years. The Judiciary needs to adopt
self-correcting measures on the same line that the executive and legislative
wings have done over the years.
Popular uprisings, meaningful
debates, social/mainstream media pressure, adaptability to change – these are
some of the things that led to both the executive and legislature make far
reaching changes in how they function. We don’t need verbose judgments or
rhetorical speeches. We need speedier justice and if the learned Judiciary
can’t do what it takes to ensure it, then it is just a matter of time before
some of these things will make the Judiciary do it. Is the learned Judiciary
really waiting for these to happen?