The former Chief Justice of India NV Ramana on Sunday expressed his views saying that the Supreme Court of India has more than thirty judges who are independent Constitutional functionaries having experience and opinions so we should not expect them to have the same opinion or speak in one voice.
The former CJI received the Justice VR Krishna Iyer award yesterday during the Capital Foundation Annual Lecture in New Delhi. The award is named after the legendary Justice Krishna Iyer who had the rare distinction of holding the Constitutional offices of Judiciary, Legislature and Executive. He was one of the most erudite and welfarist judges this country has witnessed.
While speaking on the occasion, the former CJI said that all the judges speaking in one voice is not a healthy sign of democracy.
Former CJI added” Over seven decades, a variety of opinions have emanated from Supreme Court. As an institution, the judiciary cannot be judged on the basis of any one opinion. Similarly, the country cannot expect a constitutional body consisting of over 30 independent constitutional authorities to always speak in one voice.
An institution speaking in one voice will not be a sign of a healthy democracy. Like every other sphere, diverse views and viewpoints are essential for the judicial institution, and democracy.”
Justice Ramana said that he has demitted the office recently so instead of talking about his Supreme Court tenure, he would prefer to speak about the march of the Indian Judiciary through these 72 years.
He said that the Indian Supreme Court and the judiciary has undoubtedly played an important significant role in furthering the goals of democracy.”
In his speech, the former CJI talked about the issue of public interest litigation (PIL), stating that occasional misuse of PIL should not be a reason for Constitutional courts to do away with the same.
Justice Ramana added “Is its occasional misuse reason enough for the Constitutional courts to avoid such positive experimentation? There are many such questions that we as an institution need to examine. Ultimately, we need to remember that it is the people’s faith and trust that needs to be maintained. Any institution that does not enjoy public confidence is of no relevance to the society. I am of the considered view that the judiciary is no exception to this”.
Talking about some incorrect decisions that were taken ,the former CJI said that the Apex Court has always taken initiative to course corrected many of its erroneous decisions and the same would the case in future as well.
He added, “In the future as well, in tune with sensibilities of time, the judiciary is bound to revisit and further strengthen the fundamental liberties and dignities which make our life worthwhile. The Courts have played an important role in ensuring that the rights enshrined in the Constitution are not a dead letter.
The judiciary has reinforced the idea that justice demands balancing the needs of an individual with the welfare of the community. It is because of these reasons that, today, we thrive as the largest democracy governed by a written Constitution.”
Talking about the economic parameters like poverty, unemployment and hunger, the former CJI said that sustainable and responsive growth is the key towards an inclusive and equitable future. A dignified living for all is non-negotiable.
Justice NV Ramana added that today’s India reflects dual realities- on one side there are high rise buildings, while on the other side people still reside in slums where children sleep in hunger. When we are aiming for the space, moon and mars, we should not forget the little stars struggling on the streets, slums, hamlets and villages.
The ex-CJI also said that like all his predecessors he too, tried to focus on the long-standing issues of augmenting judicial infrastructure, filling up of judicial vacancies and increasing efficiency by adopting technology.
Justice Ramana was the 48th Chief Justice of India, and served a tenure of a more than a year, from April 24, 2021 to 26 August, 2022. He handed over the charges to the new CJI Justice UU Lalit.
The former CJI ended his speech by saying that he hopes everyone will come together to discuss, deliberate, debate and ultimately find solutions to these issues.