The 8-month tenure of Justice NV Ramana as the 48th Chief Justice of India has witnessed certain refreshing changes in the judicial approach of the Supreme Court.Apart from his orders in cases like Pegasus, Tribunal vacancies, Lakhimpur Kheri etc., CJI Ramana has in his tenure of 8 months made some important observations and crucial remarks on various issues of contemporary relevance, both...
The 8-month tenure of Justice NV Ramana as the 48th Chief Justice of India has witnessed certain refreshing changes in the judicial approach of the Supreme Court.
Apart from his orders in cases like Pegasus, Tribunal vacancies, Lakhimpur Kheri etc., CJI Ramana has in his tenure of 8 months made some important observations and crucial remarks on various issues of contemporary relevance, both inside and outside the courtrooms.
He has expressed disapproval of the government's actions, sought justification for its decisions, made proposals for the betterment of the judiciary, urged the Government to take action, and even rooted for a more gender-equal judiciary
Some critics have opined that making statements at events or in court may not be enough without the backing of implementable judicial directions. However, an attempt to address important social, political and legal issues deserves to be applauded.
When observations come from the Chief Justice of India, the highest judicial officer of the country, it has the potential of impacting the citizens and creating a positive change and sends a signal that the judiciary shares the people's concern.
The following are some of the impactful remarks made by the CJI NV Ramana in 2021:
MEDIA:
Resist Being Co-opted By An Ideology Or The State; News Mixed With Views A Dangerous Cocktail : CJI Ramana To Journalists
Delivering the keynote address while awarding the Mumbai Press Club's RedInk Awards, Chief Justice of India NV Ramana spoke about the pressures faced by journalists in the age of cut-throat competition and social media amplification. Underscoring that press freedom was integral for the proper functioning of democracy, CJI Ramana reminded that journalists should resist being co-opted by an ideology or the State.The CJI commented that the deadly combination of confrontational polity and competitive journalism can be lethal to democracy. He also expressed concerns about the seeping of ideological stances and biases into the news story.
Investigative Journalism Is Unfortunately Vanishing From Media Canvas : CJI NV Ramana
Speaking at the launch event of the book "Blood Sanders : The Great Forest Heist" authored by Shri Sudhakar Reddy Udumula, Senior Journalist, CJI Ramana said that the concept of investigative journalism is unfortunately vanishing from the media canvas.
"In the past, we have witnessed newspaper reports on scandals and misconduct creating waves leading to serious consequences. Barring one or two, I don't recall any story of such magnitude in the recent years. Everything in our garden appears to be rosy. I leave it to you to arrive at your own conclusions". CJI said.
Extremely Upset With Media Reports Speculating Collegium Recommendations: CJI Ramana
Speaking at the ceremonial farewell for Justice Navin Sinha, had said that he was "extremely upset" with the media speculation about the recommendations made by the Supreme Court collegium.
Highlighting that the process of appointment of judges is "sacrosanct" and "has certain dignity attached to it", the CJI said, "reflections in some sections of the media, pending the process, even before formalising the resolution is counter productive". He commented that there are instances of deserving career progression of bright talents getting marred because of such "irresponsible reporting and speculation".
The Chief Justice of India had also lauded the tremendous amount of maturity and responsibility displayed by majority of the senior journalists and media houses in showing restraint and not speculating on such a serious matter. Such professional journalists and ethical media are the real strength of the Supreme Court in particular and democracy in general, he said.
"I expect all the stakeholders to uphold the integrity and dignity of this institution", said the CJI.
TV Debates Creating More Pollution; Everyone Has Their Own Agenda : CJI NV Ramana
During the hearing of the case related to air pollution in Delhi, the Chief Justice of India NV Ramana had made certain critical comments about TV channel debates, saying that they take statements said in Court out of context with an agenda and caused "more pollution".
"Debates in TV are creating more pollution than everybody. They don't understand. Statements are taken out of context. Everyone has their own agenda", the Chief Justice said.The CJI made these remarks in reference to the controversy over the percentage of contribution of farmers stubble burning to Delhi's air population.
'They Should Have Some Sense' : CJI On False 'Times Now' Tweet Saying He Visited Lakhimpur Victims
During the hearing of the PIL relating to Lakhimpur Kheri violence, after a lawyer had mentioned before the Supreme Court bench a tweet posted by 'Times Now' channel which made a false claim that the Chief Justice of India had met the kin of the victims, CJI had said that media should verify facts.
"I am not on the issue of tweets...but they must have some sense, I am sitting in court. How can I go to Lucknow and visit with family?" CJI Ramana said.
"Leave it there. We should not bother with these things. When you are in public life, we've to receive brickbats" CJI said.
'Media Important In Disseminating Information' : Supreme Court Launches Mobile Facility For Journalists To Attend Virtual Hearings
Speaking at the launch of the mobile app for journalists to access the Supreme Court hearings, CJI Ramana had said that the access to the public is important, as the rulings of the Courts of law, and more particularly the Supreme Court, have a bearing on the lives of people throughout this country. The role of the media assumes importance in the process of disseminating information.
JUDICIARY
'Judges Themselves Appointing Judges' A Widely Propagated Myth; Judiciary Merely One Of The Players In Appointment Process : CJI Ramana
Speaking at the fifth late Sri Lavu Venkateswarlu Endowment Lecture on the topic, 'Indian Judiciary - Challenges of future' at Vijayawada, the CJI said that judiciary is only one of the several players involved in the process of judicial appointments and that "judges are themselves appointing judges" is a widely propagated myth.
"It is nowadays fashionable to reiterate phrases such as, "judges are themselves appointing judges". I consider this to be one of the widely propagated myths. The fact is the Judiciary is merely one of the many players involved in the process. Many authorities are involved including the Union Law Ministry, State Governments, Governor, High Court Collegia, Intelligence Bureau, and lastly, the topmost executive, who all are designated to examine the suitability of a candidate". CJI said
Judicial Interventions Intended To Nudge The Executive, Not To Usurp Its Role : CJI Ramana
Speaking at a function organized to celebrate the Constitution Day this year, CJI had said that the intention behind judicial interventions is to nudge the executive and not to usurp its role After speaking about constitutional scheme of roles assigned to the three different organs of the State - Executive, Judiciary and Legislature - the CJI said that that all these organs are repositories of Constitutional Trust.
Indian Judiciary Has Always Been At The Forefront In Shaping A Welfare State: CJI Ramana
The Chief Justice of India, NV Ramana while speaking at the Valedictory Ceremony of Pan India Legal Awareness & Outreach Campaign had said that "Indian judiciary has always been at the forefront to make our country a welfare state. The country's history tells us that the constitutional courts (with the constitution at their hearts) have always stood up for the marginalized.
'We Continue To Work Even During Court Holidays' : CJI Refutes 'False Narrative' About Easy Life Of Judges
Speaking at the farewell organized by Supreme Court Bar Association for Justice RF Nariman, CJI had refuted "false narratives" about the supposed easy-life of judges.
"We continue to work even during the Court holidays, do research and author pending judgments. Therefore, when false narratives are created about the supposed easy life led by Judges, it is difficult to swallow." CJI NV Ramana said. flagged the amount of work the Judges put in day in and day out. He stressed that the narrative and the misconception that exists in the minds of the people that Judges stay in big bungalows, work only 10 to 4 and enjoy their holidays is untrue.
Courts In India Have Repeatedly Upheld Rights & Freedoms Of Individuals: CJI Ramana
The CJI while speaking at the inaugural ceremony of two new wings of the annexe building of the Aurangabad Bench of the Bombay High Court, 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.
Popular Majority Not A Defence For Arbitrary Actions Of Govt; Functioning Of Democracy Unthinkable Without Judicial Review : CJI Ramana
Speaking at a public event at Vijayawada, the CJI while underscoring the importance of all wings of the state acting within their constitutional limits,had remarked that a popular majority is not a defence for arbitrary actions of the Government
He had also criticized the tendencies to brand judicial review as "judicial overreach". He said that without judicial review, the functioning of the democracy in the country will be "unthinkable".
"Financial Autonomy Of The Judiciary Is An Integral Part If We Want A Different Outcome From Our Judicial System": CJI NV Ramana
Speaking at the Inaugural Function of two wings at the Aurangabad Bench of the Bombay High Court, CJI had proposed to create the National Judicial Infrastructure Authority of India (NJIAI) with statutory backing and had urged the Government to expedite the process. pf the proposal.
"Good judicial infrastructure for courts in India has always been an afterthought. It is because of the 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 the 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 unplanned and ad hoc manner", said the CJI
GENDER REPRESENTATION
Women Should Demand 50% Reservation In The Judiciary, Not As Charity But As A Matter Of Right: CJI Ramana
While addressing the felicitation function organized by the Lady Advocates in honor of the CJI and Judges of Supreme Court, the CJI had remarked that women of the world must unite because they have nothing to lose but their chains. He observed that women must 'shout with anger and demand 50% reservation', not as charity but as a matter of right. Acknowledging thousands of years of suppression of women, he expressed that it is high time we must realize and reach this goal in the Supreme Courts and other subordinate courts.
More Than 50% Women Representation In Judiciary Demanded In View Of Backlog; Will Take Up This With Collegium: CJI Ramana
Speaking at Justice Hima Kohli's felicitation ceremony organised by 'Women In Law & Litigation', the Chief Justice of India NV Ramana had reiterated his commitment to the cause of higher representation of women in the judiciary. He said that he will take up with the members of the Collegium the need for 50% representation of women.
'After 75 Years Of Independence We Have Now Achieved A Mere 11% Representation With Great Difficulty': CJI NV Ramana
During his address at a SCBA event, CJI Ramana had flagged various issues of concern plaguing the judiciary and the bar. One of the prominent observations made by the CJI was on the poor representation of women in the judiciary even after 75 years of India's independence.
"After 75 years of independence, one would expect at least 50% representation for women at all levels, but I must admit, with great difficulty we have now achieved a mere 11% representation of women on the bench of the Supreme Court. Some States, because of reservation policy may reveal higher representation, but the reality remains that the legal profession still has to welcome women into its fold", the CJI had opined.
ALTERNATIVE DISPUTE RESOLUTION MECHANISMS:
'Keep The Option Of Going To Courts As Last Resort': CJI Ramana Emphasizes Importance Of ADR Mechanisms
The CJI while speaking at the Curtain Raiser and Stakeholders' Conclave organised at the Hyderabad International Convention Centre (HICC), emphasized on the importance of Alternate-Dispute Resolution (ADR) mechanisms as a form of resolution of conflicts, and underscored that legal practitioners must keep the option of approaching Courts as a 'last resort' in order to maintain relationships.
Opining further on the benefits of dispute resolution mechanisms such as arbitration and mediation and why parties generally prefer them over traditional litigation, the CJI remarked further that these ADR mechanisms cause fewer delays, they are less expensive and also facilitates more involvement of parties. He also stated that such mechanisms offer the possibility of a continued relationship between parties after the dispute resolution process.
'Litigation Costly, Tedious & Time-Consuming' : CJI Ramana Encourages Arbitration & Mediation
Speaking at an event for registration of Trust Deed for the International Arbitration and Mediation Centre, Hyderabad, CJI Ramana had emphasized the importance of arbitration, mediation and conciliation in the resolution of disputes.
"India is going to be very vibrant with huge potential for further growth. The important thing is that compared to the foreign currency, the amount that they will have to spend in this country is very less. So it is another very encouraging factor for the foreign investors and foreign people to come and participate in the International Mediation and Conciliation Centre". CJI had said urging foreign investors and foreign people to come and participate in the International Mediation and Conciliation Centre
CJI Calls For Law To Prescribe Mediation As Mandatory First Step For Dispute Resolution
While delivering his keynote address at the India-Singapore Mediation Summit, CJI had underscored the need for a law to make mediation the mandatory first step in dispute resolution process.
Referring to the Indian epic Mahabharata which envisages an early attempt at mediation, the CJI had observed "The great Indian epic, the Mahabharata, actually provides an example of an early attempt at mediation as a conflict resolution tool, where Lord Krishna attempted to mediate the dispute between the Pandavas and Kauravas. It may be worthwhile to recall that the failure of mediation led to disastrous consequences."
REMARKS ON GOVERNMENT ACTION:
'Welfare State Has To Ensure No One Dies Of Hunger' : CJI to Centre While Giving Last Chance To Frame Community Kitchen Policy
While granting time to the Central Government, as a last opportunity, to frame a pan-India policy on community kitchens after taking the view of different state governments, the CJI had emphasized that a welfare state has a constitutional duty to ensure that no one dies of hunger
The CJI had also expressed unhappiness over the fact that the affidavit in the matter was filed by the Under-Secretary.
"This is last warning I'm going to give to Government of India. Your under secretary files this affidavit! Your responsible officer can't file this affidavit? How many times we've said the responsible officer is supposed to file the affidavit?How many times has Supreme Court said that responsible secretary has to file the affidavit? You've to respect institutions. We say something you write something. This can't go on", the had CJI said.
"We can't stop passing of legislation, the government cannot stop us from passing orders." CJI NV Ramana' :
While refusing discussion on Tribunal Reforms Bill 2021, the CJI had remarked that "We can't stop passing of legislation, the government cannot stop us from passing orders. This is the duty of both institutions."
He had also expressed concerns about the mounting vacancies in tribunals across the country and sought response from the Centre.
LEGISLATIVE DEBATES
'Sorry State Of Affairs' : CJI Ramana Says Laws Lack Clarity These Days Due To Lack Of Parliamentary Debates
Speaking at an Independence day event, Chief Justice of India NV Ramana had expressed his unhappiness over the lack of debates in Parliament while laws are being enacted these days. The CJI had lamented that there was a "sorry state of affairs" as laws are passed without sufficient debates.
"But now, it is a SORRY STATE OF AFFAIRS. We see legislations with a lot of ambiguities.... and a lot of gaps in laws. There is no clarity regarding the laws. We don't know for what purpose, a law has been made... this creates a lot of litigation and inconvenience and loss to the Government and public."he had said.
Legislature Does Not Assess Impact Of Laws It Passes; This Leads To Big Issues : CJI NV Ramana
Speaking at the Valedictory Function of the Constitution Day Celebrations, the Chief Justice of India NV Ramana on Saturday raised the issue of legislature not conducting studies to assess the impact of the laws it passes. The CJI added that this leads to "big issues".
He cited the example of Section 138 of the Negotiable Instruments Act, the enactment of which led to the burdening of Magistrate courts. He also mentioned that the re-branding of existing Courts as Commercial Courts will not address the problem of pendency.
'You Are Testing The Patience Of Court; No Respect For Our Judgments' : Supreme Court Raps Centre Over Tribunals Reforms Act
While hearing a matter regarding pending vacancies in Tribunals across the country, the CJI had harshly criticized the Union Government over the delay in filling up of the vacancies in Tribunals and also for passing Tribunals Reforms Act 2021.
"There is no respect to judgments of this court. You are testing our patience! How many persons were appointed? You said some persons were appointed? Where are the appointments?", the CJI had remarked.
ACCESS TO JUSTICE:
The Need Of The Hour Is the Indianisation of Our Legal System
Speaking at an event organized by the Karnataka State Bar Counci, the CJ said that the need of the hour is the Indianisation of our legal system. "When I say Indianisation, I mean the need to adapt to the practical realities of our society and localise our justice delivery systems", he explained.
CJI Ramana cited as an example the plight of parties from a rural place fighting a family dispute who are usually made to feel out of place in the Court. They do not understand the arguments or pleadings which are mostly in English, a language alien to them. These days judgments have become lengthy, which further complicates the position of litigants. For the parties to understand the implications of a judgment, they are forced to spend more money.
Court Practices & Languages Alien To Traditional Societies; Justice System Needs To Be People Friendly : CJI NV Ramana Calls For "Indianisation" Of Judiciary
Speaking at the inauguration of the new building of the Orissa state legal services authority in Cuttack, CJI had reiterated his views regarding "Indianisation of the judiciary" and stressed the need to make the justice delivery system "people-friendly".
"Even after 74 years of independence, traditional and agrarian societies which are following customary ways of life still feel hesitant to approach the courts. The practices, procedures, language and everything of courts feel alien to them. Between the complex language of the bare-acts and the process of justice delivery, the common man seems to lose control over the fate of his grievance. Often, in this trajectory, a justice seeker feels like an outsider to the system. The harsh reality is that the legal system fails to take consideration of the social realities and implications", he said.
Constitutional Guarantees Meaningless Without Ensuring Equal Access To Justice For All : CJI NV Ramana
Speaking at the launch of NALSA's pan-India Awareness and Outreach Campaign, the CJI had said that ensuring equal access to justice for all was necessary for the protection of constitutional guarantees of equality.
He had expressed that it is the undeniable truth that only inclusiveness can ensure a vibrant democracy and sustainable growth would be impossible to attain without inclusive access to justice, that the framers of our Constitution were aware of the social and economic reality and therefore, they emphasized the Welfare State where no one is denied the basic needs of life.
POLICE ACTION
I Have A Lot Of Reservations At How Bureaucracy & Police Officers Are Behaving In The Country : CJI NV Ramana
While hearing a plea filed by a suspended Additional Director General of Police of Chattisgarh Gurjinder Pal Singh seeking protection in criminal cases filed against him, the CJI had expressed his reservations regarding the behavior of the bureaucracy particularly the police officers in the country.He had also indicated that he has considered constituting a standing committee for examination of complaints filed against the bureaucrats particularly the Police officers.
"I was at one time thinking of creating a standing committee to examine atrocities and complaints against bureaucrats particularly Police officers headed by Chief Justice of High Court. I want to reserve that, don't want to do it now" , the CJI had said.
Police Officials Who Side With Ruling Party Later Get Targeted When Opponent Comes In Power; Sad State Of Affairs : CJI Ramana
While hearing a petition filed by suspended Additional Director General of Police Gurjinder Pal Singh seeking protection in a sedition case filed against him, the CJI had made comments about the trend of police officials siding with the party in power and later getting targeted when the opponent comes to power.
"State of affairs in the country is sad. When a political party is in power, Police Officials side with a particular party. Then when a new party comes into power, the government initiates action against those officials. This is a new trend, which needs to be stopped", the the CJI had orally remarked.
Threat To Human Rights & Bodily Integrity Highest At Police Stations : CJI NV Ramana
While delivering the key note address at an event organized by the National Legal Services Authority of India (NALSA), the CJI had expressed concerns at the degree of human rights violations in police stations in the country.
"The threat to human rights and bodily integrity are the highest in Police Station. Custodial torture and other police atrocities are problems which still prevail in our society. In spite of constitutional declarations and guarantees, lack of effective legal representation at the police stations is a huge detriment to arrested/detained. Going by the recent reports even the privileged are not spared third - degree treatment " CJI had said
IMPORTANT REMARKS
Is It Still Necessary To Continue Sedition Law, Which Was Used By British To Suppress Our Freedom Movement, Even After 75 Yrs Of Independence?
The Chief Justice of India expressed alarm at the rampant misuse of sedition law to curb dissent and asked the Centre if it was necessary to retain Section 124A in the Indian Penal Code.
"It is a colonial law, it was meant to suppress the freedom movement, the same law was used by British to silence Mahatma Gandhi, Tilak etc. Still is it necessary after 75 years of independence?" CJI NV Ramana observed while issuing notice on a plea challenging Section 124A of IPC.
What Is The Need Of Trial If You Are Putting People In Jail For Years? CJI To NCB
"What is the need of trial if you are putting people in jail for years?", the CJI had asked the Narcotics Control Bureau, while hearing the bail application of a 66 year old man accused under the NDPS Act who has suffered incarceration for around 4 years.
The Bench had also directed to release the accused on bail after taking considering that he has been in custody since 16th October 2017 and there is no likelihood of completion of trial in the near future.
Use PMLA Reasonably; Otherwise Act Will Lose Relevance : CJI To Enforcement Directorate
While hearing bail pleas of two persons accused under the PMLA, the CJI had made strong remarks against the indiscriminate use of the Prevention of Money Laundering Act which according to the Bench will result in dilution of the Act.
" You're diluting the act. Not just this case. If you start using it as a weapon against 10000 rupees case and 100 rupees case, what will happen? You can't put all people behind bars. You've to use it reasonably. Every case if you want to use it doesn't work. This is not the way it works", the CJI had remarked.
'To Terrorize Judges, Bulky Volumes Are Filed; We Had To Engage A Lorry To Carry' :CJI Expresses Displeasure At Voluminous Files
While considering petitions filed in the matter related to TRAI's tariff order, the CJI had expressed displeasure at highly voluminous petitions being filed by parties before the Supreme Court. He also wondered if the purpose of such bulky filing was to "terrorize" judges to not read the entire petitions. The CJI had further commented that the 51 volumes of the petitions were filed and a lorry had to be arranged for carrying them.
'In This Age Of Information Technology, We're Still Looking At The Skies For Pigeons To Communicate Orders' : CJI Ramana
While hearing its suo motu case regarding delay in release of prisoners, the CJI had said that the Supreme Court is thinking of evolving a system to electronically transmit bail orders directly to prisons so that prison authorities will not delay the release of prisoners awaiting certified copy of the order.
"In this age of information and communication technology, we are still looking at the skies for the pigeons to communicate the orders", the CJI had said.
"We are in times of use of technology. We are under contemplation of a scheme called FASTER : Fast and Secure Transmission of Electronic Record. It is meant to communicate all orders to concerned jail authorities without waiting", He added.
"Why Are Medical Professionals At Receiving End For Someone Else's Failure?" CJI NV Ramana
While delivering his speech on the occasion of National Doctors' day, CJI NV Ramana had expressed concern towards the brutal attacks happening on doctors while on duty.
"It is saddening that our doctors are being brutally attacked while on duty. Why is it that the medical professionals are at the receiving end for someone else's failure?" CJI had said.
While expressing concern towards other issues regards doctors and medical infrastructure in the country, CJI had said that the medical bodies and concerned agencies in the government have to put their heads together to address these concerns.
Mere Right To Change Ruler Need Not Be A Guarantee Against Tyranny : CJI Ramana
While delivering an online lecture as part of 17the Justice PD Desai Memorial Lecture, the CJI had said that a mere right to change ruler once every few years need not be a guarantee against tyranny.
"The idea that people are the ultimate sovereign is also to be found in notions of human dignity and autonomy. A public discourse, that is both reasoned and reasonable, is to be seen as an inherent aspect of human dignity and hence essential to a properly functioning democracy", the CJI had said.
Swami Vivekananda Advocated Secularism And Tolerance, Analysed Dangers Posed By Sectarian Conflicts: CJI NV Ramana
While addressing an event to mark the 128th anniversary of the historic Chicago Address of Swami Vivekananda, the CJI had said that it is of vital importance that the ideals of Swamiji are instilled in the youth of today
While reflecting upon the acute relevance of the teachings of Swami Vivekananda, CJI had said "Swami Vivekananda, in his address, propagated the idea of tolerance and universal acceptance. He analyzed the dangers posed by the meaningless and sectarian conflicts in society to the nations and civilizations", the CJI remarked while referring to Swami Vivekananda's Chicago Address at the world "Parliament of Religions" in 1893.
He went on to remark that the true essence of religion lies in the ability to advocate for tolerance and the common good.