CJI: What Sun is to solar system, independent judiciary is to democracy

R Sedhuraman

Legal Correspondent

New Delhi, December 1

Chief Justice of India TS Thakur on Thursday said there would not be any democracy without an independent judiciary, the way there would not be a solar system without the Sun.

People could not enjoy their fundamental and constitutional rights in the absence of an independent judiciary which kept a constant vigil over the functions of the legislature and the executive to ensure that the two wings did not suspend or abrogate these rights, the CJI said.

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He said a five-member Constitution Bench of the Supreme Court struck down the National Judicial Appointments Commission (NJAC) Act, meant for replacing the Collegium system of appointing higher judiciary judges, as the framers of the Constitution had unequivocally stated that the power to appoint judges was crucial to protecting judicial independence.

CJI Thakur made the remarks while delivering the 37th Bhim Sen Sachar Memorial Lecture here on the subject of Independent Judiciary – Bastion of Democracy.

“In fact, there was a move to make even the lower judiciary free from the influences of the legislature and the executive which, however, did not materialise.

“Besides the appointment of judges, the judiciary should also enjoy financial autonomy, tenure security of judges and jurisdictional competence,” he said.

The CJI said he was delivering the lecture extempore as a judicial officer of the Supreme Court in the research wing had given him a draft speech yesterday evening by resorting to plagiarism by lifting contents from a published article.  “It was unfortunate that some of the judgments were also being delivered by adopting the cut-and-paste procedure.”

Talking about judiciary’s challenges, he cited the supersession of judges during the Emergency and the NJAC Act as external threats.

He, however, cautioned the judiciary against internal challenges such as lack of accountability and erosion of credibility in the eyes of the public. “The judiciary should remain united in upholding the Constitution and retaining people’s faith in the institution,” he said.