 "Why Chief Justice T S Thakur is upset with Narendra Modi's I-Day speech")
Hours after Prime Minister Narendra Modi’s emphatic Independence Day speech, Chief Justice T S Thakur made public his feelings on the content of the oration at a flag hoisting ceremony on the Supreme Court premises.
Known for setting aside the traditional reserve previously associated with the flag-bearers of the Indian judiciary, Thakur was open about his disappointment over the Prime Minister not touching on the topic of appointments at the higher judiciary in his Red Fort address.
"Today, we heard the country's very popular and loving Prime Minister for one-and-a-half hours and we also heard the law minister's speech (at the Supreme Court ceremony). I was hoping that he would talk about speedy justice and appointment of judges," said the Chief Justice.
According to Thakur, the lack of proper appointments in the constitutional courts has made the present justice delivery system slower than what it had been even during the British rule, denying justice to a vast majority of the nation’s citizens.
The Chief Justice implored the government to consider the issue of tackling the mounting burden of backlogs seriously and to provide for a mechanism of timely justice delivery for the people at the Supreme Court event.
"I have reached the pinnacle of my career and I do not aspire for anything more. That is why I am frank and have no hesitation in speaking my mind,” said Thakur. “I want to tell the Prime Minister only one thing, you remove poverty, create employment, bring schemes etc., but also think about justice for the countrymen,” the Chief Justice added.
These latest statements by the head of the apex judiciary deepens a long-standing rift between the government and the judiciary ever since the striking down of the National Judicial Appointments Commission, put into place by the government to replace the existent collegium system of appointments at the higher courts.
More From This Section
Ever since that time, the two organs of the constitutional process have had their disagreements over the formation of a Memorandum of Procedure (MoP) to streamline the appointment process, leading to the rejection of several drafts and standoffs over crucial clauses. The Chief Justice’s recent comments over the judiciary’s ability to withstand governmental obstinacy have added further fuel to this fire.
Only a few days ago, Thakur had slammed the government for bringing the judicial system to a grinding halt due to the centre’s inefficiency in making the requisite appointments even after recommendations were made by the Supreme Court collegium and demanded an explanation from Attorney General Mukul Rohatgi on the matter.
The high court structure in India currently has 478 vacancies yet to be filled, which is over 44 per cent of the sanctioned bench strength. This severe shortage has lead to around 40 lakh cases pending at the high court level alone, causing alarm amidst several factions of the judicial process including the Chief Justice.
On a parting note at the end of the ceremony, the candid and often emotional Chief Justice chose to encapsulate his thoughts through an 18th century Urdu couplet written by poet Sauda Mohammed Rafi. “Gul phenke hain auron ki taraf balki samar bhi. Ai abre karam ai khaana-bar-andaaz-e-chaman kuch to idhar bhi," he said.
The verse roughly translates as, ‘Oh spendthrift garden, you have showered flowers and fruits on others, give us something as well’.
Also present at the flag hoisting, Law Minister Ravi Shanker Prasad said that the situation of judicial appointments would be addressed as swiftly as possible and that continuing efforts were being made to provide for an overhaul in the justice delivery system.
Prasad also offered reassurance that the present difference of opinion between the government and the judiciary over the MoP had not resulted in the current delay in formalising the judicial selections and that the centre was committed to ensuring the independence of the judiciary and the strength of the judicial process.