Chief Justice cautions again deliberate govt inaction on judicial orders

Chief Justice of India (CJI) N V Ramana on Saturday said that deliberate inaction by governments despite judicial pronouncements is not good for the health of democracy. He was speaking at the Joint Conference of Chief Ministers and Chief Justices of High Courts, which was inaugurated by Prime Minister Narendra Modi.

The Chief Justice’s remarks came days after demolition drive in Jahangirpuri in Delhi which continued for a couple of hours even after the apex court had ordered a stay on it.

The Chief Justice said, “The Constitution provides separation of power among three organs and the harmonious function between three organs strengthens democracy. While discharging our duty, we should be mindful of the Lakshman Rekha.”

Citing Lok Sabha Speaker’s recent remark, Ramana reiterated the need for proper legislative scrutiny before passing laws. He said this while clarifying he did not want to interfere in the legislative sphere and that his remarks about legislative scrutiny during the last Independence Day were misconstrued.

Also read: If SC hears all political issues, what is LS there for: CJI Ramana

The Chief Justice also voiced his concern over the misuse of Public Interest Litigations (PIL), saying they are now being used to settle personal scores. Courts are now highly cautious in entertaining PILs, he added.

Amid a debate over Hindi and the linguistic diversity in the country, Ramana said the time has come for the legal system to introduce local languages in courts.

Modi for local languages in courts

Prime Minister Narendra Modi also underlined the need to introduce local languages in the courts. “We need to encourage local languages in courts. This will not only increase the confidence of common citizens in the justice system but they will feel more connected to it,” Modi said while speaking at the event.

The government is working towards simplifying laws passed in the Parliament for the common man to understand them, the Prime Minister said. “Along with the actual legislation, if a simplified version is also passed in the Parliament for the common man to understand, then he will not have to go to the court for interpretation of the law. The government is studying this issue,” he said.

Modi also stressed on using local language for studying and practicing the law. “I am glad that the Chief Justice of India mentioned having high courts using local languages. It will take a long time for that, but it will improve access to justice. Why can’t medical and technical education be done in our mother tongue. Some states are already doing it,” the Prime Minister added.

The Prime Minister also urged the chief ministers to repeal outdated laws to make the delivery of justice easier. “In 2015, we identified about 1,800 laws which had become irrelevant. Out of these, 1,450 such laws of the Centre were abolished. But, only 75 such laws have been abolished by the states,” he pointed out.

Digital push

The Prime Minister urged the judges and chief ministers to set the goal for 2047 when India would celebrate 100 years of Independence. “Integration of judiciary with digital India is very important. As we adapt to digitalisation, even in villages, citizens will have similar expectations from the judiciary too,” he added.

“About 40 per cent of all digital transactions in the world happen in India. This is the India that will expect the same speed from the judiciary,” he added.

The Prime Minister also appealed to the chief ministers and chief justices of high courts to grant bail in a timely manner and highlighted that there are over 3.5 lakh undertrials currently in prison. “These undertrials are largely poor people. Wherever possible, they must be released on bail,” he added.

Also read: Learn mother tongue, language will only aid in growth: CJI Ramana