Courts In India Have Repeatedly Upheld Rights & Freedoms Of Individuals : CJI Ramana

The Chief Justice of India NV Ramana on Saturday said that the Courts in India have repeatedly upheld the rights and freedoms of individuals.

"They(courts) stood up whenever the individuals or society are at the receiving end of the executive excesses. It is an assurance that the seeker of justice, howsoever weak, need not worry about the might of the State", the CJI said.

The CJI was speaking at Aurangabad at the inaugural ceremony of two new wings of the annexe building of the Aurangabad Bench of the Bombay High Court. The CJI spoke of the need of the remove the taboo from the minds of the common people associated with approaching Courts.

"Generally speaking, it is a common notion that only criminals or victims of crime approach the court. People take pride in stating that we have never seen a court building in our lifetime. But, it is high time that we make efforts to remove the taboo associated with approaching Courts for the affirmation of their rights.

The common man deals with multiple legal issues during his lifetime. One must never feel hesitant to approach Courts. After all, people's faith in the judiciary is the biggest strength of democracy.

Courts are extremely essential for any society that is governed by the rule of law. Court buildings are not merely structures made of mortar and bricks. Rather, they actively assure the constitutional guarantee of Right to Justice. The Courts in India have repeatedly upheld the rights and freedoms of individuals. They stood up whenever the individuals or society are at the receiving end of the executive excesses. It is an assurance that the seeker of justice, howsoever weak, need not worry about the might of the State", the CJI said.

Lack of proper judicial infrastructure

During his address, the CJI also highlighted the issue of lack of proper judicial infrastructure. To substantiate his concerns, the CJI revealed the following statistics :

i. The total sanctioned strength of judicial officers in the country is 24,280 and the number of court halls available is 20,143 (including 620 rented halls).

ii. 26% of court complexes do not have separate ladies toilets and 16% do not have gents toilets.

iii. Only 54% of court complexes have purified drinking water facility.

iv. Only 5% of court complexes have basic medical facilities.

v. Only 32% of court rooms have separate Record Rooms.

vi. Only 51% of court complexes have a library.

vii. Only 27% of court rooms have computer placed on the Judge's dais with video-conferencing facility.

"Good judicial infrastructure for Courts in India has always been an afterthought. It is because of this mindset that Courts in India still operate from dilapidated structures making it difficult to effectively perform their function. Judicial infrastructure is important for improving access to justice and to meet the growing demands of public that is more aware of its rights and is developing economically, socially, and culturally. It is baffling to note that the improvement and maintenance of judicial infrastructure is still being carried out in an ad-hoc and unplanned manner", the CJI said.

Effective Judiciary can contribute to economic growth

The CJI highlighted that an effective judiciary can aid in effective growth of the economy.

"An effective judiciary can aid in the effective growth of the economy. According to international research published in 2018, failure to deliver timely justice cost the country as much as 9% of annual GDP. Moreover, the impact of an under-supported judiciary is also seen on the foreign investments. Without adequate infrastructure we cannot aspire to fill this gap", he said.

Supreme Court judges Justices UU Lalit, DY Chandrachud, BR Gavai and Abhay Sreeniwas Oka also spoke during the event. The Chief Justice of Bombay High Court Dipankar Dutta, Union Law Minister Kiren Rijiju and Chief Minister of Maharashtra Uddhav Thackarey also gave special address. 

Full text of the CJI's speech :

1. Namaskar.

2. At the outset I Congratulate Chief Minister Shri Udhav Thakre and Justice Gavai for addressing the gathering in Marathi, the mother tongue.

3. It gives me immense pleasure to participate in today's event in this historic city, which is known as the "City of Gates". Any visitor cannot fail to be inspired by the history behind the various monuments and cultural sites in and around this city.

4. Many ideas of social revolution which have resulted in the freedom and liberties that we all take for granted today, have been borne out of this fertile and progressive land. Be it the extraordinary Savitribai Phule or the pioneering feminist Jyotirao Phule, or the legendary Dr. Ambedkar – they always aspired for an egalitarian society where every individual's right to dignity is honoured. Together, they have set in motion irreversible social changes which has finally evolved into our Constitution – which will continue to define how an ideal society should be.

5. I am extremely happy to be inaugurating the B and C wings of the High Court Annexe Building at Aurangabad physically, as it has given me the opportunity to visit the city and to see the impressive High Court premises here. This inauguration shall append yet another gateway of justice in this 'City of Gates'.

6. The Aurangabad bench has one of the most enviable premises of any High Court in the country. Spread over 57 acres, and inaugurated in 1995, it is one of the most spacious and contemporary High Court premises in the country. However, the past 25 years have seen a steady and substantial rise in litigation, mandating an upgradation and expansion of the Court complex. The new Annexe of the Aurangabad bench therefore fulfils a pressing need and will go a long way towards reducing pendency, ultimately benefiting litigants.

7. Generally speaking, it is a common notion that only criminals or victims of crime approach the court. People take pride in stating that we have never seen a court building in our lifetime. But, it is high time that we make efforts to remove the taboo associated with approaching Courts for the affirmation of their rights.

8. The common man deals with multiple legal issues during his lifetime. One must never feel hesitant to approach Courts. After all, people's faith in the judiciary is the biggest strength of democracy.

9. Courts are extremely essential for any society that is governed by the rule of law. Court buildings are not merely structures made of mortar and bricks. Rather, they actively assure the constitutional guarantee of Right to Justice. The Courts in India have repeatedly upheld the rights and freedoms of individuals. They stood up whenever the individuals or society are at the receiving end of the executive excesses. It is an assurance that the seeker of justice, howsoever weak, need not worry about the might of the State.

10. I do not wish to burden all of you with the facts and figures regarding the state of judicial infrastructure in this country. I will do so at a more appropriate forum. However, I have to present a few hard facts before you all, today:

i. The total sanctioned strength of judicial officers in the country is 24,280 and the number of court halls available is 20,143 (including 620 rented halls).

ii. 26% of court complexes do not have separate ladies toilets and 16% do not have gents toilets.

iii. Only 54% of court complexes have purified drinking water facility.

iv. Only 5% of court complexes have basic medical facilities.

v. Only 32% of court rooms have separate Record Rooms.

vi. Only 51% of court complexes have a library.

vii. Only 27% of court rooms have computer placed on the Judge's dais with video-conferencing facility.

 These are the hard facts.

11. Good judicial infrastructure for Courts in India has always been an afterthought. It is because of this mindset that Courts in India still operate from dilapidated structures making it difficult to effectively perform their function. Judicial infrastructure is important for improving access to justice and to meet the growing demands of public that is more aware of its rights and is developing economically, socially, and culturally. It is baffling to note that the improvement and maintenance of judicial infrastructure is still being carried out in an ad-hoc and unplanned manner.

12. This new addition to the High Court Building Complex provides a good example for the issue I wish to highlight. The need for an additional Court complex at the Aurangabad bench was identified as early as in 2011, at a meeting convened by the then senior most judge at this Bench. That it has taken more than 10 years for this vision to be implemented is extremely worrisome. This is not the fault of any institution or organ of the State but is emblematic of a deeper structural problem that has plagued judicial infrastructure development in our country since independence. Today's success should not therefore blind us to the issues that exist.

13. An effective judiciary can aid in the effective growth of the economy. According to international research published in 2018, failure to deliver timely justice cost the country as much as 9% of annual GDP. Moreover, the impact of an under-supported judiciary is also seen on the foreign investments. Without adequate infrastructure we cannot aspire to fill this gap.

14. If we want a different outcome from the judicial system, we cannot continue to work in these circumstances. An integral aspect, in this regard, is the financial autonomy of the judiciary. I have, therefore, sent a proposal for the establishment of the National Judicial Infrastructure Authority to the Ministry of Law and Justice, and I am hoping for a positive response soon. I urge the Hon'ble Minister of Law and Justice to expedite the process and ensure that the proposal to create National Judicial Infrastructure Authority of India (NJIAI) with statutory backing is taken up in the upcoming Winter Session of the Parliament. Institutionalising the mechanism for augmenting and creating state-of-the-art judicial infrastructure is the best gift that we can think of giving to our people and our country in this 75th year of our Independence.

15. Something that I find praiseworthy is that the Aurangabad Bench of the High Court of Bombay have taken proactive steps towards conservation of our environment. Such sustainable architecture and design should form a model for the rest of the country to follow.

16. Ultimately, I hope that this new Annexe will energize the Aurangabad Bar. The Bar of Maharashtra has always been well known for producing some of the best advocates and Judges in the country, some of whom are sharing this dais with me. In the past 25 years, since the Aurangabad bench was set up, it has also been instrumental in enhancing the already sparkling reputation of the lawyers and judges from this State. I hope this rich tradition continues.

17. Again, let me take this opportunity to congratulate the Government of Maharashtra and the Chief Minister, Shri Uddhav Thackeray for his efforts and cooperation. He has promised to me on the dais that he will extend all help for construction of new court complex for Bombay High Court.

18. I am glad to again be sharing the dais with Shri Kiren Rijiju, the Union Minister of Law and Justice. His enthusiasm and commitment to the cause of justice is reflected in the frequency of our meetings over the past few months through such events.

19. Finally, let me congratulate the Chief Justice of the Bombay High Court, Justice Dipankar Dutta, the dynamic and hardworking Chief Justice, who played an instrumental role in making this project a reality.

20. I also congratulate the other Judges of the Aurangabad Bench of the Bombay High Court, the staff and the members of the Bar for what I am sure will be a glorious new chapter for the High Court.

21. I sincerely thank my Brother Judges Justice UU Lalit, Justice Chandrachud, Justice Gavai and Justice A S Oak for their contribution in strengthening the Aurangabad Bench.