A fresh beginning

Justice Chandrachud's term will be closely followed

Justice D Y Chandrachud took over as the 50th Chief Justice of India (CJI) on Wednesday and will have the longest term in office in a decade. He will be CJI for a little over two years as against his predecessor Justice U U Lalit’s term of just 74 days. The fact that Justice Chandrachud will have a relatively long term, which places him in a good position to initiate and implement reforms, has raised expectations. His reputation as Supreme Court judge, reflected through various judgments, has only added to the overall anticipation. In an interview with The Indian Express, published on Wednesday, Justice Chandrachud talked about some of the priorities, which, if acted upon, will improve the state of the judiciary in India.

Justice Chandrachud noted the area that needed attention first was vacancies in the judiciary at all levels, including district courts, high courts, and the Supreme Court. The need for improving capacity in the judiciary cannot be overstated, particularly given the level of pending cases. According to one estimate, over 47 million cases are pending in Indian courts. An efficient justice system is not only necessary for a growing market economy, which depends on contract enforcement, but also for a functioning democracy to protect citizens from the overreach of the state. It is often argued that in matters between the state and individuals, the process itself becomes punishment. This happens largely because of the inability of the justice system to act swiftly.

The new CJI further talked about increasing diversity in the judiciary. This should also help in increasing the judicial capacity over time and its ability to address different kinds of cases. Another important priority underlined by Justice Chandrachud is to bring more objectivity to both the appointment of judges and the manner in which the registry functions in courts. The appointment of judges in the higher judiciary has been a contentious issue. Although Justice Chandrachud has sought to explain how the collegium system is governed and how it functions, there are questions about accountability and transparency that need to be addressed. Recent comments from the government suggest that the issue will continue to be contested. Thus, it is important for both the government and the judiciary, led by the CJI, to find an acceptable way that improves transparency and inspires confidence in the system.

Besides, in terms of functioning, it is critical that important constitutional cases and those in the larger public interest are decided urgently. Progress in this direction was witnessed during Justice Lalit’s term and the new CJI will need to build on it. There are several important matters such as those related to Article 370, the electoral bonds scheme, and the Citizenship (Amendment) Act that should be decided at the earliest. Irrespective of the outcomes, an early closure of such issues will improve confidence in the system and enable the country to move on. In order to be able to focus on more pressing matters, courts will also have to admit cases on their merit. For example, the Supreme Court could have avoided getting into the ongoing “freebie” debate, which is purely political in nature, and left it for the legislature to decide. Overall, given the level of expectations and the state of the justice system, the term of Justice Chandrachud will be keenly followed.