New Delhi [India], November 26 (ANI): On the occasion of the Constitution Day celebrations in the Supreme Court, Chief Justice of India Sanjiv Khanna said that the each branch must honour its constitutionally assigned distinct role while nurturing inter-institutional equilibrium and the Constitution, by design, insulates the judiciary and ensures that its decisions are unbiased, without affection or ill will, free from external pressures, and guided solely by the Constitution and the laws.
While speaking on the occasion of the Constitution Day celebrations in the Supreme Court, CJI Sanjiv Khanna said, “…Every judgement we render is a zero-sum game. Inviting celebrations from some and criticism from others. This is the duality which invites scrutiny in the functioning of the courts. For some, constitutional courts in India are among the most powerful in the world… As judges, perspective and critique matter. Because our foremost duty is towards the public, and secondly, being open and transparent is the biggest strength of the judiciary…’
“However, critics sometimes question: How can an unelected judiciary justify its significant power in a democracy? But imagine a world where judges campaign for votes, solicit views and decisions from public and make promises about future judgments. This ensures that its decisions are unbiased, without affection or ill-will, free from by external pressures and guided solely by the Constitution and the law. Therefore, it is said that administration of justice is the firmest pillar of governance,” CJI said
CJI further said that each branch must honour its constitutionally assigned distinct role by nurturing inter-institutional equilibrium.
“At the same time, each branch of the government is not a satellite in an independent orbit but rather a related actor which works in a degree of separateness. There is interdependence, autonomy, as well as reciprocity. Each branch must honour its constitutionally assigned distinct role while nurturing inter-institutional equilibrium. When properly understood, judicial independence serves not as a high wall but as a bridge–catalysing the flourishing of the constitution, fundamental rights, and governance framework,” CJI said.
CJI also mentioned certain areas of concern like backlog of cases, delay, cost of litigation excess, and lack of ease of access to justice. CJI acknowledged that performance of the case clearance in the judiciary has improved.
CJI said that the scale of cases flowing through Indian courts is staggering and this year alone, our judicial system has received over 2.08 crore cases in District Courts, around 16.6 lakh in High Courts, and around 54 thousand in the Supreme Court. Therefore, it is not surprising that about 4.54 crore cases are pending in the District Courts and 61.10 lakh cases are pending in the High Courts.
These numbers reflect a challenge, and yet – they represent the deep trust citizens place in our courts as the ultimate arbiters of justice, CJI said.
“Our district courts have shown remarkable improvement in efficiency, particularly in civil matters. The case clearance rate–a key metric of judicial productivity–has risen steadily from 98.29% in 2022 to an impressive 101.74 per cent in 2024. Last year alone, our district courts resolved over 20.14 lakh criminal and 8.09 lakh civil cases. The Supreme Court, too, has enhanced its performance, with our case clearance rate climbing from 95 per cent to 97 per cent. These improvements, while encouraging, remind us that our journey toward efficient justice delivery is ongoing,” CJI said.
CJI also thanked Union Government for approving Rs. 7,210 crores for phase III of the e-Courts project, ensuring the judiciary is equipped to perform its core functions.
However, CJI also highlighted that the backlog of checkbouncing cases in the district courts have reached an alarming portion, nearly 9 percent of the cases pending in the trial court. CJI quoted Albert Einstein and said that Einstein had once said that we cannot solve our problems with the same thinking we used when we created. Instead, to move forward, we must rethink, reimagine and act with a renewed vision. Our country began as a unique democratic experiment.The most ambitious of the sky. Not only have we been successful, but we have come to the realisation that achieving democratic ideals is a collective inspiration, CJI Khanna said.
Prime Minister Narendra Modi, Law Minister Arjun Ram Meghwal, Attorney General R Venkatramani, Bar Council of India Chairman Manan Kumar Mishra, and Supreme Court Bar Association President Kapil Sibal also addressed the gathering.
PM Modi released the Annual Report of Indian Judiciary 2023-24 on the occasion of the Constitution Day celebrations in the Supreme Court. CJI Sanjiv Khanna presented a painting made by a prisoner lodged in Tihar jail to PM Modi during the Constitution Day celebrations in the Supreme Court
While speaking on the occasion of the Constitution Day celebrations in the Supreme Court, Bar Council of India Chairman Manan Kumar Mishra said, “…Our Constitution has become a paradise for a few politicians. Those who are attacking the government and who are trying to mislead the people by frequently threatening that the constitution will be changed by PM Modi ji’s government must remember the past and as lawyers, it is our duty to make the younger generation aware of the past – about the 42nd Amendment done during the Congress regime. “The power of judicial review of the Supreme Court and High Courts was curtailed. The state’s autonomy was reduced. Important fundamental rights were taken away. It is ridiculous that those people and parties who had almost scrapped the Constitution while in power are saying that ‘samvidhaan aur aarakshan khatre me hai’…” Mishra said.
Senior Advocate Kapil Sibal, who is also president of the Supreme Court Bar Association, said in his address said that courts are the ones who need to interpret the law to ensure that it is not disproportionate, that it has checks and balances to prevent government excesses, that it is non discriminatory and that it does not impinge upon the liberty of the very people whose sovereign power it draws authority. He further said that the bench and the bar play a very important part in this process. (ANI)
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