On Sunday, Chief Justice of India (CJI) DY Chandrachud advocated for the recruitment of justices at the national level for the district judiciary.
The Chief Justice of India delivered the valedictory address at the National Conference on the District Judiciary, which was convened to commemorate the 75th anniversary of the Supreme Court of India.
“The time has really come now to truly think of national integration by recruiting members to the judicial services crossing the narrow domestic walls of regionalism and State-centred selections,” Justice Chandrachud stated.
At the event, the President of India, Droupadi Murmu, Supreme Court judge Justice Surya Kant, and Union Minister of State with independent responsibility of the Law & Justice Ministry, Arjun Ram Meghwal, also addressed the audience.
The concept of an All India Judicial Service (AIJS) has been discussed for many years; however, there has been no substantial progress to date as a result of the divergent perspectives of the stakeholders.
In November of the previous year, President Murmu also advocated for the implementation of such a system to facilitate the recruitment of candidates from underprivileged origins into the judiciary.
In 1986, the Law Commission of India recommended the establishment of an AIJS in its 116th Report. The Supreme Court had decreed in 1992 that the Centre must “examine the recommendations of the Law Commission expeditiously and implement them as soon as possible.”
In 2016, the Delhi High Court was informed by the Central Government that the State and the judiciary have been in a state of impasse regarding the matter. The Law Ministry also formally discussed the establishment of AIJS in January 2017.
In 2018, the Supreme Court declined to consider a public interest litigation (PIL) that sought the establishment of an AIJS for the recruitment of justices, stating that it was not feasible to implement through a “judicial order.”
In 2021, the then Union Law Minister Kiren Rijiju declared that 8 States and 13 High Courts were opposed to the initiative, while the Central government believed that “a properly framed All India Judicial Service is important to strengthen the overall justice delivery system.”
Additional information from the event
The CJI underscored the importance of justice delivery in his address. Additionally, he recognized that the substantial backlog of cases continues to pose a challenge.
“At the district level vacancies in judicial personnel stand at 28% and of non-judicial staff at 27%. In order for the disposals to outweigh the institution of cases the courts must work beyond the capacity of 71% to 100%,” he continued.
CJI Chandrachud also emphasized that the court infrastructure at the district level was not conducive to women.
“We must, without any question, change the fact that only 6.7 per cent of our court infrastructure at the district level is female friendly. Is this acceptable in a nation where the basic level of recruitment in some states see over 60 to 70 per cent of women joining?!”
In this context, Justice Chandrachud stated that the biases that individuals may unintentionally harbor toward their colleagues must be addressed in light of the growing number of women entering the judiciary.
The CJI emphasised, “Being a judge at its heart is a calling to dispense justice. To this end, me must consciously introspect that our legal reasoning does not wield the mighty hand of the law to perpetuate existing prejudices.”
The CJI underscored the importance of de-stigmatizing discussions regarding the mental health of justices.
“Wellbeing of our judges – both personal and professional has a vital stake in the overall health of our judicial institution. Judges deal with distress which affects them mentally and physically. Addressing this issue requires us to recognise the unique stressors of judicial work, enabling a robust support system and prioritizing mental health and wellness initiatives. We must start by destigmatising the conversation around mental health and foster an open and supportive environment for our judges to function. Judicial wellness is not a personal concern, but a democratic imperative for upholding the rule of law and maintaining public confidence. “
CJI also stated that an effort has been made to instill a sense of confidence and independence in the minds of new judges by demonstrating that they will be protected by the system.
“All along while creating safe and optimal working conditions and conditions of service which provide dignified conditions of work during and after service in the judiciary. Providing proper working conditions for the district judiciary is a small price which the nation pays for securing their independence and impartiality. A financially insecure judiciary will be grave danger to a stable democratic society … We shall continue our project to make our judiciary more transparent, humane, and equipped to deal with the challenges of our time.”
“Every judge and judicial officer of our country has the moral responsibility to respect dharma, truth and justice. At the district level, this moral responsibility is the lighthouse of the judiciary,” the President stated.
She also emphasized the suffering of the victims and the children of women who are victims of any crime.
“Accused get let off and roam while the victims of their crime remain in fear as society does not always stand in them specially for crimes against women. For children of women who were subject to crime, their welfare should be our priority. Their thinking and mental welfare, nutrition and ease of legal proceedings for them too.”
The President emphasized that rural residents continue to prefer not to attend court.
“I have seen rural people are hesitant to go to Court and they quietly bear with injustice since they think fighting for justice will make their life more difficult. Going to the nearby court burdens them financially. Lot of people cannot fathom the impact of tareek pe tareek culture on them, everyone should think. We know of white coat hypertension but people’s hesitancy with justice system can perhaps be called black coat syndrome.”
She concluded her speech by conveying her satisfaction with the Central government’s decision to retrospectively implement Section 479 of Bharatiya Nagarik Suraksha Sanhita (BNSS).
Courts are authorized to grant parole to first-time offenders who have served a third of the maximum sentence under Section 479 of the Bharatiya Nagarik Suraksha Sanhita 2023.
