Judges don't think about how society will respond when they decide cases: CJI Chandrachud

Justice Chandrachud underscored that judges base their decisions on constitutional morality rather than public opinion.
FILE - Chief Justice of India (CJI) DY Chandrachud. (Photo | PTI)
FILE - Chief Justice of India (CJI) DY Chandrachud. (Photo | PTI)

NEW DELHI: Highlighting the distinction between the elected branch of the government and the judiciary, Chief Justice of India DY Chandrachud on Saturday said the legislature does not possess the authority to directly overturn a judgment.

He emphasised that judges do not take into account how society might react when making legal decisions. Furthermore, he stated that the legislature can draft new laws to address shortcomings identified in a court judgment.

During his address at a media summit on Saturday, the CJI explained, "There is a clear demarcation between the actions permissible for the legislature in response to a court judgment. When a judgment addresses a specific issue and exposes a legislative deficiency, it is well within the legislature's purview to pass new legislation to rectify the deficiency."

He went on to clarify, "However, what the legislature cannot do is declare a judgment incorrect and thus nullify it. Legislative bodies cannot directly overrule court judgments."

Justice Chandrachud underscored that judges base their decisions on constitutional morality rather than public opinion. He revealed that the judiciary has already resolved a substantial number of cases, with more cases yet to be addressed in the remaining month and a half of the year.

The CJI also pointed out the need for greater gender diversity in the judiciary, highlighting existing obstacles in the entry-level stages of the judicial system. He stressed the importance of redefining the concept of merit in an inclusive manner, stating that providing an equitable platform for entry into the field would encourage more women to join the judiciary.

He also said one of the critical barriers to understanding the court process or accessing justice is language.

"The Supreme Court of India conducts all its proceedings in English and the Constitution did so (provide for it) for a valid reason which was that in a country which has 22 languages recognised by the Constitution, you have diverse judges coming from different parts of the country, English was construed as a central language which will bind the institution together.

"But that is not the language we speak, which means we are not able to reach out to the people in languages they understand. So, one of the key things we have been doing for the past year is translating all the judgements of the apex court. There we are using machine learning and AI-assisted tools to translate them, and today we have 31,000 judgements translated in different languages. The idea is that courts must reach out to people," he said.

On a lighter note, Justice Chandrachud extended his best wishes to the Indian men's cricket team for the World Cup, saying they serve as a source of inspiration.

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