During the conclave, CJI Chandrachud was asked that as a CJI, how independent do you think the Indian judiciary is? Do you feel pressured while giving judgement? On this, the CJI said, ‘There are all kinds of pressures while giving the verdict. I have been a judge for 23 years. I am the longest serving judge in the Indian Judiciary. In my 23 years of career as a judge, no one told me how to decide a case. We never even ask our associate judge what is happening in the cases he is hearing. We have coffee together, have lunch but we have drawn a clear line for ourselves. This is part of our training. If it is a matter of pressure, any external pressure, pressure of the government, then it is not at all. But our mind is under pressure. There is pressure on the mind. There is pressure to find the right solution. We know that the decisions we make have an impact not only today, but also tomorrow, so there is pressure to find the right solution. When the moderator asked a direct question whether there is any pressure from the government on the judges regarding the decision in some cases, he said, “There is no question of pressure.” The separation of power between the legislature, executive and judiciary is clear in our constitution. Everyone has their own jurisdiction.
Transparency in collegium system and appointment of judges
During this, he was also questioned about the collegium system made for the appointment of judges and the questions arising on it regarding transparency. To this the CJI said, ‘There is a demand for more transparency in the collegium system. There is a collegium of the CJI and 4 other senior most judges. There are 5 judges in my collegium apart from me. We look at the decisions of the High Court judges in the last 3 years. There are three parameters we consider for appointment – Merit being the first. When the decisions of the High Court are challenged in the Supreme Court, we look closely at those decisions, evaluate them. Apart from merit, the other important thing is seniority. The third thing is inclusiveness. We try to give representation to all sections of the society, SC, ST, minorities without compromising on merit. Also we try to give representation to different regions, state and high courts. The collegium system is more widespread in the High Court. He keeps an eye on the lawyers from the district court, evaluates them.
On the question related to transparency in the appointment of judges, the CJI said, ‘Transparency happens at two levels. Transparency regarding the process of an appointment and transparency in choosing the options selected for appointment. The process should be completely transparent. That’s why we put the Collegium’s resolutions on the website. People know whom we are electing and why. The collegium system was created only because the judiciary should be completely independent, there should be no external pressure on it. When we choose the names of people for judges in the High Court and Supreme Court, we also look at their personal lives so that good people are selected.
The US Supreme Court sits 8 to 9 days a month, 80 days a year. And does not sit for 3 months in a year. The High Court of Australia sits for 2 weeks in a month and less than 100 days in a year. No seating for 2 months. But the Supreme Court sits for 200 days every year.
CJI D.Y. Chandrachud
On trolling of judges on social media
When the CJI was asked about trolling of judges on social media, he said, “I am not on Twitter. Social media is a product of our times. 20-30 years ago, newspapers used to cover some decisions. Social media has changed that. Judges sometimes say a lot during a hearing. Some judges speak to cut arguments and some extend the argument itself. But people think that the judge will decide on this basis, whereas the reality is not like this.
Do judges have more holidays in India?
In India, even on the vacation system in the higher judiciary, questions keep arising. Amidst the burden of pending cases, questions are raised about the appropriateness of the Supreme Court’s vacation. The CJI replied to this as well. Comparing it with the Supreme Court of other countries, he told how the judges work seven days a week. CJI Chandrachud said, ‘People see us sitting in the Supreme Court from 10.30 am to 4 am. It’s just part of the work that we do. We study in the evening to prepare for the next day’s case. If our judgments are reserved, the judge usually writes judgments on Saturdays. Then on Sunday all the judges prepare for Monday, read. Without exception, every judge of the Supreme Court works all 7 days a week. The US Supreme Court sits 8 to 9 days a month, 80 days a year. And does not sit for 3 months in a year. The High Court of Australia sits for 2 weeks in a month and less than 100 days in a year. No seating for 2 months. But the Supreme Court sits for 200 days every year. Apart from this, reserves write the decisions.