CJI says judiciary cannot be controlled or else 'rule of law' will become illusory; cautions against social media influence

Satya Prakash
Tribune News Service
New Delhi, June 30

Judiciary cannot be controlled either directly or indirectly by the legislature or the executive, or else the ‘rule of law’ would become illusory, Chief Justice of India NV Ramana asserted on Wednesday and at the same time cautioned judges against being swayed by social media.

“The new media tools that have an enormous amplifying ability are incapable of distinguishing between right and wrong, good and bad and the real and fake. Therefore, media trials cannot be a guiding factor in deciding cases,” the CJI said, adding it is also imperative to start a discourse as to how social media trends can affect the institutions.

“While there is a lot of discussion about the pressure from the executive, it is also imperative to start a discourse as to how social media trends can affect the institutions,” he said.

The CJI’s remarks, made while virtually delivering the 17th Justice PD Desai memorial lecture on ‘Rule of Law’, come amid a raging controversy over the role of social media platforms.

“Judges have to be mindful of the fact that the noise thus amplified is not necessarily reflective of what is right and what the majority believes in,” Justice Ramana said.

He, however, said, judges need to completely disassociate themselves from what was going on as they cannot stay in “ivory castles” and decide questions that pertain to social issues.

“The ultimate responsibility of a judge is, after all, to uphold the Constitution and the laws with values of reason, reasonableness and protection of human dignity,” the CJI said.

It was extremely vital to function independently and withstand all external aids and pressures for the judiciary, he added.

“For the judiciary to apply checks on governmental power and action, it has to have complete freedom. The judiciary cannot be controlled, directly or indirectly, by the Legislature or the Executive, or else the Rule of Law would become illusory,” the CJI said, adding judges should not be swayed by the emotional pitch of public opinion, getting amplified through social media platforms.