CJI Chandrachud Credits President Murmu's 2022 Constitution Day Speech For Inspiring Supreme Court Report On Prison Reforms

Chief Justice of India DY Chandrachud today credited President Droupadi Murmu's 2022 Constitution Day address for igniting the conversation that led to the development of the report, Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion.

“I must take this opportunity to thank the honourable President not only for accepting our invitation to attend this function, but also for her stirring speech at the Constitution Day celebrations in 2022. On that day, the President highlighted the plight of prisoners, and in particular, undertrials in our jails. The speech of the President kindled the conversation at the Supreme Court and culminated in one of the reports being released today…This report is a result of the President 's vision, and it is but appropriate that it is being released by her. Thank you, honourable President. I daresay that this is an example of what can be achieved when different branches of the state and the head of state guides us in a common constitutional goal.”

President Murmu welcomed the publication of the report on prison reforms. She said, “The status of undertrial prisoners has been a concern for me. I am happy that the report on prison system released today seeks to understand the role of the judiciary in reducing the number of undertrial prisoners.”

The President and the CJI spoke at an event at the Rashtrapati Bhavan in which the President released three Supreme Court publications.

The publications are—Justice for the Nation: Reflections on 75 Years of the Supreme Court of India, Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion, and Legal Aid through Law Schools: A Report on Working of Legal Aid Cells in India.

The Chief Justice noted that 2024 signifies the Supreme Court's 75th year and that a new flag and insignia were previously unveiled to commemorate the occasion. He described the publications as a continuation of the celebrations, each offering insights into critical areas of the legal system, including judicial developments, prison reforms, and legal aid efforts. He stated that the publications represent a moment of self-reflection for the judiciary, providing resources for stakeholders to understand ongoing challenges in the justice system and craft effective solutions. The reports, he added, are intended to enhance transparency and ground-level understanding of legal issues.

Discussing each publication, CJI Chandrachud said “Justice for the Nation” is a compilation of essays that explores the court's jurisprudential journey over the past 75 years. Contributions from former judges, prominent lawyers, and legal scholars—including the late Fali Nariman and Dr. Upendra Baxi—delve into themes such as preambular values, the limits of judicial review, and the evolution of fundamental rights in areas like gender, disability, free speech, and caste.

Regarding “Prisons in India”, CJI Chandrachud said that the report analyzes prison manuals across states and union territories, examining their constitutional alignment, and assesses the role of the district judiciary in bail applications, alternative punishments, and prisoner reformation, including the use of open jails.

The report also touches on issues rarely addressed institutionally, such as menstrual equity, reproductive rights for female inmates, and de-addiction initiatives, the CJI said. He shared that the study found that prisoners' caste often dictates their assigned duties within jails, with individuals from marginalized castes typically assigned sanitation tasks. Referring to the recent ruling in Sukanya Shantha v. Union of India, which directed states and union territories to amend prison manuals to eliminate caste-based discrimination, CJI Chandrachud reiterated that such practices are unconstitutional.

The third report, Legal Aid through Law Schools, evaluates the functioning of legal aid clinics in law schools, emphasizing their role in supplementing state legal aid programs and instilling a sense of service in future lawyers, the CJI said.

The CJI said that the report, based on data from 83 legal aid cells, identifies 17 areas for improvement, including the need for more legal professionals to supervise students and the importance of providing legal advice and drafting assistance.

President Murmu in her address commended the activities of Supreme Court such as the Special Lok Adalat and conference with district judicial officers, which aim to address grassroots challenges within the justice system. Reflecting on India's colonial past, she noted that the judiciary's purpose as an instrument of social revolution should remain a guiding principle, while getting rid of outdated colonial practices.

“They (the constituent assembly) conceived the Judiciary of Independent India as an arm of the social revolution which would uphold the ideal of equality. Equal justice and getting rid of the now redundant colonial practices should be the guiding principles for our judiciary. While continuing with the useful aspects of the pre-independence jurisprudence, we should remove the legacy over-burden. As we celebrate the 75th year of the Supreme Court of India, I share the view of those who admire the contribution of the Court as the conscience-keeper of Independent India. The Supreme Court of India has developed a jurisprudence which is rooted in the Indian ethos and realities”, the President remarked.

The President praised the Supreme Court's efforts to establish a jurisprudence rooted in Indian values, remarking that the essays in “Justice for the Nation” provide a comprehensive overview of the court's influence over the past decades. She also acknowledged the legal aid report's focus on equipping law students with a service-oriented ethos and sensitivity toward vulnerable communities.

CJI-designate Justice Sanjiv Khanna also spoke at the event.