In The Absence Of Judicial Review, People's Faith In Constitution Would Have Diminished : CJI NV Ramana

While delivering the inaugural speech at the Justice S.B. Sinha Memorial Lecture on 'Life of a Judge', Chief Justice of India, N.V. Ramana observed that in absence of judicial review, people's faith in the Constitution of India would have diminished."One gets to hear that judges, being unelected, should not get into legislative and executive arenas. But this ignores the Constitutional responsibilities that is placed on the judiciary.Judicial review of legislative and executive actions, is an integral part of the Constitutional scheme. I would go as far as to state that it is the heart and soul of the Indian Constitution. In my humble view, in the absence of judicial review, people's faith in our Constitution would have diminished. The Constitution is ultimately for the people. The judiciary is the organ which breathes life into the Constitution", the CJI said.He was delivering the inaugural 'Justice S B Sinha Memorial Lecture' on "Life of a Judge" being organised by National University of Study & Research in Law, RanchiAn exultant CJI emphasised that the judiciary has been successful in filling up certain gaps in the Constitution in the larger public interest. He added - "It is interpretation by the judiciary, that have sustained and reinforced the faith of the people in the republic and the democracy." As the judiciary continues to live upto the responsibility entrusted upon it by the framers of the Constitution, CJI, Ramana stated, it is the most trusted organ of the State. Acknowledging that in order to strengthen rule of law and democracy, it is imperative to build a strong judiciary, he implored upon all present to make a collective endeavour to strengthen the judiciary. He pointed out that in a common law system guided by precedents, judges play an important role in shaping democracy. CJI, Ramana was of the view that in order to do complete justice, a judge needs to be aware of the consequence of their decision. While rendering justice in a socially diverse country, judges are required to be compassionate and humanistic. In a vibrant democracy, the judge is not confined to their role as adjudicator of disputes, but are duty-bound to interpret laws and the Constitution. Therefore, at no cost, he reckoned, a judge should ignore their Constitutional responsibilities. While expressing his gratitude to be a part of the 'most trusted organ of the State', he voiced concern about the security of the judges. In this day and age, with an increase in the number of physical attacks on judges, he reckoned, the need for security is crucial. "Can you imagine, a judge who has served on the bench for decades, putting hardened criminals behind the bar, once he retires, loses all the protection that came with the tenure? Judges have to live in the same society as the people that they have convicted, without any security or assurance of safety." He lamented that unlike politicians, bureaucrats, police officers and other public representatives, judges are not provided with security after their retirement.In his speech, the CJI touched upon important issues such as need to ensure proper judicial infrastructure, the problems created by media trial in judicial administration, the importance of judicial review in protection Constitution, future challenges of judiciary etc.The full text of the speech is given below :"At the outset, I would like to congratulate the Judiciary of Jharkhand which is marking the Golden Jubilee of setting up of Circuit Bench of Patna High Court in Ranchi in the year 1972. It is praiseworthy that, as part of Golden Jubilee celebrations, you are augmenting the judicial infrastructure.It is a great privilege and honor to be delivering the inaugural lecture instituted in the memory of Shri Justice Satya Brata Sinha. Justice Sinha will be remembered as one of the greatest jurists of the Indian judiciary. He made sure that his values were expounded in his judgements. He was a crusader of personal liberty. He enjoyed abundance of goodwill and affection from every member of the bar and the bench. It did not take me very long to decide on the topic of this lecture, that is, "life of a judge". It is one topic that Justice Sinha used to discuss very often with his colleagues and his friends.After the end of the 2nd World War, it was clear for modern democracies that law is not a mere one-way projection of authority. Renowned scholars have therefore argued that a law cannot really be classified as a "law" unless it imbibes within itself the ideals of justice and equity. Any enactment devoid of the object of substantive fairness can never be justified on the grounds of meeting procedural fairness alone.A judge in a modern democracy cannot be defined as one who merely states the law. A Judge holds a unique position in the democratic scheme. Firstly, he bridges the gap between social reality and law. Secondly, he protects the spirit and the values of the...

In The Absence Of Judicial Review, People's Faith In Constitution Would Have Diminished : CJI NV Ramana

Sohini Chowdhury

Tags