Courts must reach out to people, tech must be augmented: CJI Chandrachud

Chief Justice of India D Y Chandrachud on Saturday said it’s of “supreme importance” that the courts are remodelled to reach out to citizens instead of them reaching out to courts in their quest for justice. Speaking during an event in the Supreme Court to mark the Constitution Day, the CJI stressed on the need to make justice accessible to everyone by simplifying the litigation process.

The CJI said that judges across the country must reflect upon the constitutional vision of securing justice, equality and liberty. The technology must be augmented with institutional reforms to resolve issues of access to justice, he said. “In a nation as diverse as ours, the paramount challenge that the judiciary faces is that justice is accessible to everyone,” the CJI said.

Adopting technology in listing of cases

He also said the judiciary has been adopting technology to improve the working of courts. “Though the Supreme Court is located at Tilak Marg, it is the Supreme Court for all of the nation and now virtual access has made it possible for lawyers to argue cases from their own places. As a CJI, I am looking to adopt technology in listing of cases,” he added.

The CJI said he is attempting to adopt technology-based services in listing of cases and court hearings “so that institutional flaws such as delays in listing and hearing can be removed from our vocabulary”. “While technology has ably aided us in ensuring functionality of the judiciary during the pandemic, technology must be augmented with institutional reforms to resolve the chief issue of access to justice,” he said.

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The mobile app for district judiciary is a real-time dashboard for all district-level courts across India and has data of the cases instituted, cases disposed and pendency of cases on day, week and monthly basis at the court level and digital courts is a green initiative of the judiciary, he added.

Justice Chandrachud also spoke about the e-initiatives —virtual justice clock, justIS mobile app 2.0, digital court and s3WaaS websites of district courts — that were launched by Prime Minister Narendra Modi during the function.

The CJI said though the judiciary’s engagement with technology gained prevalence during the COVID-19 pandemic. “We must not dismantle the infrastructure but built upon it. I will earnestly request the chief justices of high courts to ensure that the technological infrastructure, on which public funds have been spent, is not dismantled but strengthened further,” he said.

Enhanced representation of marginalised communities, women

The CJI further said the representation of marginalised communities and women must be enhanced in the legal profession, and added that the jurisprudence that has emanated from our courts in India has influenced decisions in South Africa, Kenya, Australia, Jamaica, Uganda, Bangladesh, Singapore, Fiji, and other countries.

The CJI said the first interface of people with the judicial system is the district judiciary and it is of importance that it is strengthened and supported. “The district judiciary must be lifted from the mindset of being a subordinate judiciary,” he said.

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“Our endeavour is to enhance access to justice. This must not be understood in narrow terms of enriching the experience of those who are already in possession of access but by reaching out to those groups and communities that are denied basic rights,” he said.

The CJI said the Supreme Court now functions in a hybrid mode which enables lawyers and parties in person to appear from different parts of the country. “There is a need for us to introspect on our actions and decisions and to question our own prejudices and preconceptions. For, until we open our minds to multiple views of persons with varied lived experiences, we would be lacking in our roles as judges,” the CJI said.

He said an institution thrives with time only when it functions democratically and he believes that as the CJI, it is his responsibility to collaborate and consult judges at the apex court, judges of high courts, members of the district judiciary and stakeholders of the institution. “It is crucial that we tap the experience of the diverse sections of people who are part of the judiciary,” he said.

The CJI also appealed to youngsters to reflect on social realities of India and work towards achieving fraternity by dedicating themselves to the cause of justice in whatever way possible. “Sometimes change happens by small acts of kindness. The heart and the soul of law, as it is administered in our courts, is our sense of compassion to our citizens,” he said.

Prime Minister Narendra Modi inaugurated the Constitution Day celebrations and President Droupadi Murmu delivered the valedictory address.