Chief Justice D Y Chandrachud said on Monday that the judiciary’s independence does not imply that it must constantly rule against the government.
Speaking at an event hosted by the Indian Express group, Mr Chandrachud stated that there are pressure organizations attempting to obtain favorable decisions by exerting pressure on the courts through electronic media.
“Traditionally, judicial independence was understood as a separation from the executive. Independence of the judiciary still entails independence from the government. However, judicial independence encompasses more than just that.
“Our society has changed. Particularly with the advent of social media, you see interest groups, pressure groups and groups which are trying to use electronic media to put pressure on the courts to get favourable decisions,” he said.
Mr Chandrachud, who demits office on November 10, said a lot of these pressure groups term the judiciary independent if judges decide in their favour.
“‘If you do not decide in my favour, you are not independent,’ that is what I have an objection to. To be independent, a judge must have the independence to decide what their conscience tells them, of course, the conscience which is guided by the law and the Constitution,” the CJI said.
Mr Chandrachud said he was called independent when he ruled against the government and struck down the electoral bonds.
“When you decide electoral bonds, then you are very independent but if a verdict goes in favour of the government, then you are not independent… That is not my definition of independence,” the CJI added.
He said judges must be given the leeway to decide cases.
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Source: NDTV
