I Want To Hear From District Judges Why “Bail Is The Rule” Principle Is Losing Ground : CJI DY Chandrachud

In his inaugural address at the All India District Judges Conference held in Kachchh on March 2, Chief Justice of India, DY Chandrachud, expressed concern over the apparent reluctance of district courts to entertain matters concerning personal liberty.

Noting a departure from the longstanding principle that "bail is the rule, jail is the exception," he highlighted the increasing number of cases reaching higher courts as appeals against the rejection of bail by trial courts. The Chief Justice called for a comprehensive reevaluation of this trend and sought insights from district judges nationwide to understand the underlying reasons.

“There is also a rising apprehension that district courts are increasingly reluctant to entertain matters concerning personal liberty. The longstanding principle that "bail is the rule, jail is the exception" seems to be losing ground, as evidenced by the growing number of cases reaching High Courts and the Supreme Court as appeals against the rejection of bail by trial courts. This trend warrants a thorough reevaluation. I want to hear from our district judges why this trend is emerging across the country.”

CJI Chandrachud also underscored the paramount importance of inclusivity and diversity within the judiciary. While acknowledging the positive strides made in achieving greater gender representation, with women constituting 36.3% of the district judiciary's working strength, he highlighted urgent areas. Despite recent recruitment trends indicating a positive shift, with over 50% of selected candidates in the last Civil Judge (Junior Division) exam being women in 14 out of 16 states, concerns were raised regarding the lack of inclusive amenities and facilities for female judges. Alarmingly, only 6.7% of toilets in District Court complexes are equipped with facilities for sanitary napkin vending machines, reflecting a significant gap that needs prompt redressal.

He expressed, “ It is heartening to note that strides have been made towards achieving greater gender representation, with women now constituting 36.3% of the working strength of the district judiciary. Furthermore, recent recruitment trends indicate a positive shift, with more than 50% of selected candidates in the last Civil Judge (Junior Division) recruitment exam being women in 14 out of the 16 states examined. However, while progress has been made in terms of gender representation, there remains a pressing need to ensure that our judicial institutions are truly inclusive and accommodating for all. It is concerning to note that despite the presence of female judges, amenities and facilities catering to their specific needs are sorely lacking. Shockingly, only 6.7% of toilets in District Court complexes have facilities for sanitary napkin vending machines and are female-friendly.”

Vacancy Rates and Recruitment Strategies To Be More SC/ST Friendly

The CJI also highlighted the pressing issue of staggering vacancy rates in the district judiciary, with Scheduled Castes and Scheduled Tribes constituting 66.3% of the total unfilled posts. Stressing the urgent need for proactive recruitment strategies, the Chief Justice also underscored the importance of addressing the 27% vacancy of support staff alongside judicial officer recruitment.

“ The staggering vacancy rates for the seats reserved for Scheduled Castes and Scheduled Tribes, constituting 66.3% of the total unfilled posts, highlight the urgent need for proactive recruitment strategies. Additionally, the vacancy of support staff, at 27%, underscores the importance of addressing staffing needs alongside judicial officer recruitment.”

Inclusivity Beyond Numbers - Use Of Socially-Aware Language In The Courtrooms

While recognizing the positive strides made in gender representation, Dr. Chandrachud emphasized that inclusivity goes beyond numbers. He drew attention to a gender-stereotypical language often used in judgments from district courts, urging judges to be conscious of their language to avoid perpetuating biases and systemic inequalities within the legal system.

It was further stressed that the continued use of outdated terms like 'Subordinate Court Staff' and 'Jamadar' in some states' service rules reflects a colonial mindset that needs to be corrected. It's crucial to adopt modern and inclusive language to create a workplace culture that values and treats all employees fairly and equally.

“Inclusivity does not merely mean the presence of a diverse set of people. It also reflects a culture. Quite often, judgments coming from district courts use gender-stereotypical language, which denigrates the dignity of women. Our judges in the district judiciary must be conscious of the language they use in court proceedings and judgments. After all, language holds immense power and influence within the realm of law and justice. The words used by judges not only reflect norms and attitudes but also shape perceptions and outcomes. When judgments employ gender-stereotypical language or perpetuate biases, they perpetuate systemic inequalities and contribute to the marginalization of women within the legal system.

At the same time, the persistence of regressive terminology and outdated designations, such as 'Subordinate Court Staff' and 'Jamadar,' in certain states' service rules reflects a colonial mindset that must be rectified. Embracing modern categorizations is essential to fostering a workplace culture that is inclusive and equitable for all employees.”

High Time For Judiciary To Embrace Technology- Stressed The CJI

The significance of the e-Courts Project, the CJI explained was that, it aims to provide qualitative and speedy justice through efficient court management. However, he stressed the importance of ensuring that technology is not only efficient but also accessible and inclusive.

“We must tap into the full potential of technology to overcome the procedural barriers to justice. In pursuit of this goal, the e-Courts Project has been initiated, aiming to provide qualitative and speedy justice through efficient court management. This project recognizes the essential correlation between judicial infrastructure and the quality and speedy dispensation of justice. By leveraging technology and digital solutions, we can streamline court procedures, reduce delays, and enhance transparency in our legal system”

A focus was required to view technological inclusivity from the lens of the litigants. This inclusivity should consider the diverse needs of everyone involved, from litigants and witnesses to legal professionals. Technology, including video conferencing and online filings, should be utilized to facilitate participation in legal proceedings without physical barriers.

Flagging a serious concern, the CJI noted that only 57.4% of courtrooms in the district judiciary have computers with video conferencing capabilities, according to data from iJuris. This digital infrastructure gap raises questions about the effectiveness of virtual court proceedings and hampers the goal of providing efficient and accessible justice.

“ A cause for concern arises from the fact that only 57.4% of courtrooms in the district judiciary have VC-enabled computers on the judge's dais, as per data submitted by judicial officers on iJuris. This deficiency in digital infrastructure raises questions about the effectiveness of virtual court proceedings and impedes the goal of providing efficient and accessible justice.”

Challenges of Social Media Scrutiny - Judges Should Be Immune To Prejudices

Acknowledging the contemporary challenge posed by social media, the CJI addressed the increased scrutiny and criticisms faced by judges. While highlighting his own experiences, he emphasized the essential role of judges in dispensing justice impartially, without being unduly swayed by external pressures or public opinions.

“ In recent times, there has been a noticeable increase in judges facing criticisms and commentary on social media platforms. And let me tell you, I have had my fair share of scrutiny too! Even if I say just a single word on the bench, it seems to get reported faster than a speeding bullet. But, should we, judges, be unduly affected by this? The role of a judge is to dispense justice impartially, without being swayed by external pressures or public opinions.”

On Supreme Court's Initiatives and Active Efforts

The Chief Justice outlined active efforts by the Supreme Court to address challenges faced by the district judiciary. Initiatives include the launch of a handbook combating gender stereotypes, a report on infrastructure, vacancies, and ICT enablement, along with digital platforms like SCR, e-SCR, NJDG, JustIS, and i-Juris facilitating real-time monitoring of work progress for district judges.

“Last year, the Court launched a handbook on combating gender stereotypes, and a report on infrastructure, vacancies, and ICT enablement of the judiciary. Digital SCR and e-SCR now allow district court judges to find precedents even without paying a subscription fee to a private publisher. Through platforms such as NJDG, JustIS and i-Juris, the district judges can monitor the progress of their work on a real-time basis.”

Chief Justice Chandrachud's comprehensive address reflects a commitment to judicial reform, urging collaborative efforts to address critical issues and reshape the future trajectory of the Indian judiciary.