Chief Justice of India Sanjiv Khanna on Tuesday underlined that openness and transparency are the largest strengths of the judiciary and that the establishment is just not above criticism. He additionally known as for an “goal grading system for efficiency evaluation of judicial officers”.
Talking on the Structure Day celebrations within the Supreme Court docket, the CJI stated “the position of a decide is commonly likened to strolling on a razor’s edge”.
“Every case we hear requires balancing competing rights and obligations with equity, empathy and precision. Each judgment we render is a zero-sum recreation; it inevitably creates winners and losers, inviting celebration from some and criticism from others. It’s this duality that invitations scrutiny into the functioning of the courts.”
Elaborating, CJI Khanna stated, “For some, the constitutional courts of India are among the many strongest on the planet. For others, we’re straying from our constitutional duties — generally by failing to problem the established order or in resisting the transient well-liked mandate of the citizens.”
He stated that “as judges, views and critique matter as a result of our foremost obligation is in the direction of the general public, and secondly, being open and clear are the largest strengths of the judiciary”. “As adjudicators, we eschew any sense of being past reproach. In being aware of constructive suggestions, our courts grow to be extra environment friendly, citizen and public-centric, and accountable. By opening ourselves to scrutiny, we will establish systemic inefficiencies and bottlenecks, and work in the direction of eliminating them.”
The CJI stated generally critics ask “can an unelected judiciary justify its vital energy in a democracy”. “Think about a world the place judges marketing campaign for votes, solicit views and selections from the general public and make guarantees about future judgments. This ensures that its selections are unbiased, with out affection or ill-will, free from exterior pressures and guided solely by the Structure and the legislation. Subsequently, it’s stated that administration of justice is the firmest pillar of governance.”
On the connection between numerous organs of the State, CJI Khanna stated whereas they had been autonomous, they had been additionally interdependent.
The CJI stated that “when a citizen challenges a legislation or an govt motion, they take part within the democratic course of as envisioned by the Structure” and “the judiciary turns into the world the place the beliefs of our republic are regularly examined, refined, reaffirmed or moulded”.
CJI Khanna additionally pressured the necessity for self-evaluation to evaluate the mandatory adjustments, and stated “Self-evaluation is our compass, illuminating the trail ahead.”
He stated, “I strongly suggest that an goal grading system for efficiency evaluation of judicial officers with a bell curve strategy be adopted. Judges could also be evaluated based mostly on their efficiency as excessive performers, above common, common and below-average performers”.
