New Delhi: Chief Justice of India (CJI) N.V. Ramana, speaking at an event on Monday, April 11, said that once a judge takes oath and assumes office, they are no longer influenced by politics but rather, by the constitution.
CJI Ramana’s remarks came during a webinar, the ‘Comparative Constitutional Law Conversation’ on the topic of ‘Comparative Approaches of Supreme Courts of the World’s Largest and Oldest Democracies’ along with US Supreme Court Justice Stephen Breyer.
After Justice Breyer noted that it is important for people to realise that the job of a judge is not political, CJI Ramana concurred with the statement, saying, “Once you take oath, politics is no longer relevant. It is the constitution that guides us,” Bar and Bench reported.
He went on to say that an independent judiciary is “non-negotiable” and that people will only trust a judiciary if it acts independently.
The CJI’s sentiments were also echoed by Supreme Court Justice P.S. Narasimha recently, when he opined that a lawyer’s “self” must disappear when he becomes a judge and that they must solely be a representative of the court.
Justice Narasimha was responding to a question about the differences between a lawyer and a judge during a talk organised by the Friday Group; an informal academic group of Supreme Court lawyers.
“The individual or the self of a lawyer must disappear when he becomes a judge and his identity must be only that of the Supreme Court. Only then will there be no other focus in the judge’s life than the fulfilment of the institutional interest,” Bar and Bench quoted Justice Narasimha as saying.
At the event, Justice Narasimha went on to say that the independence of the legal profession is eroded by allegiances to political parties and the government which, in turn, undermines the independence of the judiciary.
The most crucial duty of lawyers is to maintain the independence of the profession and not allow ideology to interfere with carrying forward the truth, he said.
He specifically raised the issue of allegiances to governments and political parties. “There is absolutely nothing higher than the truth and the first obligation to carry that forward is on the lawyers.”
Also read: Bar and Bench Must Come Together to Preserve the Judiciary’s Independence
Justice Narasimha also said that courts and judges depend on lawyers to do their job of arriving at the truth.
“You should remember that this profession is integrally connected to the institution,” he said, lamenting the “professional” attitude of lawyers that sometimes leads them to forget that their main goal is arriving at the truth.
Other remarks
During the ‘Comparative Constitutional Law Conversation’ webinar, CJI Ramana made several other remarks and observations regarding the state of the Indian judiciary.
The chief justice set about clearing the idea that judges in India are appointed by other judges.
“The appointment is done through a lengthy, consultative process. Many stakeholders are consulted. The Executive is one of the key stakeholders,” he said. He emphasised that the government is the one that finally appoints judges, in the name of the head of state, the President of India.
CJI Ramana also touched upon the issue of women judges in the Supreme Court, noting that while the current number of four women judges in the Supreme Court is the highest it has ever been, there are still “many miles to go”, even though a “progressive” process has begun.
He then went on to speak about public interest litigation (PIL), which he described as an “innovation of the Supreme Court” to aid the marginalised sections of society who are unable to approach courts through advocates.
He said that the proactive approach of the top court became a “tool for empowerment” as it generated awareness of rights and allowed for greater access to justice.
“The Supreme Court is also monitoring various issues through this PIL for example environmental issues, long pending criminal cases against elected representatives, protection of human rights. PIL has prevented gross abuse of the executive and checked corruption in some levels and sought accountability,” he said further.
CJI Ramana also spoke about India’s judicial infrastructure, noting that since his days as an advocate, he has been aware of the poor conditions of courts in rural areas. He said that he has taken up the issue with the Union and state governments “on priority”.
CJI Ramana is set to retire in August this year, but he noted that he is still left with “a decent amount of energy” and that he has always loved to be among the people.
“One thing I can say for certain is that retirement from the judiciary does not mean that I will retire from public life.” he said..