By Kriti
We are residing in a democratic country, a “holding together” federation to be more precise. The Chief Justice of India, NV Ramana, recently expressed concern (while addressing journalists at a journalism awards function at the Mumbai Press Club) over the current battle between the media—the fourth pillar of our democracy—and the judiciary, the ultimate symbol and means of getting justice. Indian democracy cannot sustain, even if one of the pillars is attacked or its strength weakened.
The media is often seen voicing their criticism against the government as well as the judiciary. Media is the watchdog of people’s interests, and in this regard, cannot be seen as singing paeans to those in positions of power, including the office of the judges who enjoy authority. Any criticism which is constructive and intended to strengthen the pillars should be welcomed and encouraged.
India is a democracy where people have the right to express their thoughts and beliefs, without any fear of counter argument. The judiciary—which is the very heart and soul of justice and the keeper of the rule of law—should take criticism of its actions as a key point to improve itself, but instead, it is taking it as an offence. The courts should be patient and tolerant to the views of the media and carry out an intense introspection to improve upon its functioning and moral tenor of judgments. Only then would the judiciary fulfill its role of upholding the ideals and values laid down in our Constitution and be respected by one and all.
We are aware that the freedom of the press flows from the general freedom of speech and expression guaranteed as a fundamental right to all citizens in the Constitution. It is, therefore, the right of the press to say whatever it observes, as long as it is not disrespectful to and prejudiced towards anyone.
The CJI also stressed on the impact the judiciary has on the citizens of a democracy. He said: “People of the country should feel that law and institutions are for everyone and the faith and trust of people strengthen institutions in the democratic country.” He said the quality of democracy rests on the quality of justice. Stressing on the importance of a free press, he said: “Journalists are like judges in one sense. Regardless of the ideology, you profess and the beliefs you hold dear, you must do your duty without being influenced by them.” The media should hence not be biased and express its views in a fair and non-partisan manner. Only by recognising that the media and the judiciary are sailing together in “Mission Democracy”, can we respect and support each other, the CJI said. In order to make our system egalitarian and participative, women must enjoy equal rights and opportunities.
At another event organised by the women advocates of the Supreme Court, the CJI stated his concern about women’s less participation in the judiciary. He said: “Enough of suppression of thousands of years. It is high time we have 50 per cent reservation for women in the judiciary. It is your right. It is not charity.” Women’s participation in the judiciary is an important step towards ensuring gender equality in a country like India. Justice is felicitous to both the genders, and thus, equal representation of both genders is required for a powerful justice system. Most of the cases these days are against women, and therefore, it is even more essential for women to be aware and participate in this process of justice to make it more potent, applicable and accessible to all. It will also help in bridging the gender gap and empowering women. It is inspiring to have a chief justice like NV Ramana, paving the way for young women to come forward and stake a claim in the justice delivery system as well as, making our democracy more representative and participative.
—The writer is a student of class X in Sanskriti School, New Delhi.