CJI Sanjiv Khanna Stresses Importance Of Judiciary Being Open To Scrutiny & Constructive Feedback
Chief Justice of India Sanjiv Khanna in his speech during the Constitutional Day celebrations at the Supreme Court emphasized the importance of constructive feedback in identifying and eliminating systematic inefficiencies and bottlenecks in the judiciary.
CJI Khanna addressed differing perspectives on the constitutional courts in India. While some consider them among the most powerful in the world, others question their adherence to constitutional duties, accusing them of either failing to challenge the status quo or resisting transient popular mandates. He stressed that such critiques matter, as the judiciary's foremost duty is to the public.
“As judges, perspectives and critique matter, because our foremost duty is towards the public and secondly being open and transparent is the biggest strength of the judiciary. As adjudicators, we eschew any sense of being beyond reproach. In being responsive to constructive feedback, our courts become more efficient, citizens and public centric, and accountable. By opening ourselves to scrutiny, we can identify systematic inefficiencies and bottlenecks and work towards eliminating them”, CJI Khanna said.
Responding to criticisms about the unelected judiciary having significant power in a democracy, he underlined the design of the Constitution, which insulates the judiciary from electoral processes to ensure unbiased and pressure-free decisions.
“However, sometimes critics question how can an unelected judiciary justify its power in a democracy? But imagine a world where judges campaign for roles, solicit views and decisions from public, and make promises for future judgments. The Constitution, by design, insulates the judiciary from the ebbs and flows of the electoral process. This ensures that its decisions are unbiased, without any friction or ill will, free from external pressures and guided solely by the Constitution and the laws”, he said.
CJI Khanna also discussed the relationship between the judiciary and other branches of government, emphasizing the balance of interdependence, autonomy, and reciprocity. He described judicial independence not as a “high wall” but as a “bridge” that nurtures the Constitution, fundamental rights, and governance.
“Each branch must honour its constitutionally assigned, distinct role by nurturing inter-institutional equilibrium. When properly understood judicial independence serves not as a high wall, but as a bridge, catalysing the nurturing of the Constitution, fundamental rights and the governance framework”, the CJI said.
He described the challenges faced by judges, likening their role to “walking on a razor's edge.” Balancing competing rights and obligations with fairness, empathy, and precision in every case is a constant demand, he said. Each judgment, he observed, inevitably creates winners and losers, attracting both celebration and criticism. This duality, he said, invites scrutiny of the judiciary's functioning.
CJI Khanna commemorated November 26, 1949, when the Constituent Assembly adopted the Constitution of India. He described the occasion not just as a historic milestone but as an ode to a “living, breathing document” that the citizens consider to be a way of their lives. He emphasised the judiciary's commitment to upholding its principles as its trustee and custodian
The CJI highlighted the judiciary's critical powers, including judicial review, which allows constitutional courts to strike down amendments, legislation, executive policies, and administrative decisions that contravene constitutional principles. He highlighted the judiciary's role in entertaining public interest litigations, initiating suo motu cases, and appointing amicus curiae to aid decision-making.
Acknowledging the significance of district courts, CJI Khanna described them as the first point of contact for citizens seeking justice. These courts play a crucial role in adjudicating disputes and enforcing fundamental and legal rights, he said.
CJI Khanna highlighted the judiciary's role as a democratic arena where ideas of the Republic are continuously tested, refined, affirmed and moulded. "When a citizen challenges law or an executive action, they participate in the democratic process as envisaged by the Constitution. The judiciary becomes an arena where ideas of our Republic are continuously tested, refined, affirmed or moulded."