Indian Supreme Court prides itself in being people’s court: CJI Chandrachud

Noting that public trust is central to the credibility and legitimacy of the judiciary, Chief Justice of India DY Chandrachud has said that the Supreme Court diluted the locus standi rule and did away with much of the procedural requirements in an attempt to make it the people’s court.

Speaking at the Bhutan Distinguished Speakers' Forum, a part of the Jigme Singye Wangchuck Lecture Series, on 'Judicial Legitimacy through accessibility, transparency and technology: the Indian experience', the CJI said, “The Indian Supreme Court prides itself in being the people’s court” and as one of the most powerful constitutional courts in the world, it shoulders that much heavier an obligation towards the people of the country.

He cited the top court’s recent intervention to bring justice to a young Dalit student – son of a daily wage earner -- who could not deposit in time the fee of Rs 17,500 for admission to IIT, Dhanbad.

“We felt that the constitutional power under Article 142 to do complete justice had to be exercised here and we directed the grant of admission,” the CJI said.

“As the apex court of the country, the Indian Supreme Court has consistently strived towards becoming the people’s court. Substantively, the Supreme Court famously diluted the locus standi requirement and opened itself up with as little procedural formality as a letter,” he said.

The CJI cited another example in which the Supreme Court acted upon a letter written to him by a young woman judicial officer who was terminated from service with other women for failing to meet disposal norms during probation.

“We took suo motu notice and under the watchful eye of the Court several of them were reinstated,” he said.

Noting that neither the appointment, nor the continuity of judges was determined by popular mandate enjoyed by their decisions, the CJI said yet courts did require public trust and legitimacy.

“Institutional trust in the constitutional and other courts of the country is the very basis of a thriving constitutional order. Public trust is central to the credibility of the judicial branch which is otherwise insulated from public opinion in its operations - as it must be. Yet our insulation from public opinion which is intrinsic to our independence provides a crucial need and justification for ensuring public trust in our functioning,” Justice Chandrachud said.

Away from constitutional theory and in simple terms, judges dealt with problems of daily life of citizens, he said. “Having their trust is hence crucial to our work. To discharge that trust we must place our feet in their shoes, understand their lived realities and find solutions within their universe of existence. The Indian Supreme Court prides itself in being the people’s court.”

The CJI said, “This honor was not an automatic incident of independence or the enactment of the Constitution. Rather, we have strived to fit that description and shed the image of an imposing and alienating foreign institution. Emerging from the throes of colonial structures and legal processes that we inherited, Courts in India were not immediately free from the colonial baggage in terms of public perception.”

Elaborating on the issue of public trust, the CJI said, “Courts do not directly hold resources as trustees of people. The resources of a nation are to be handled by the State acting in trust for the people. There should be equitable distribution of the resources - tangible resources such as natural resources or intangible ones such as opportunities, entitlements and social security.

“As public functionaries, we are vested with the responsibility to give effect to this equity. Judicial bodies of the country are not directly in charge of the manner in which resources are distributed. However, it does fall upon us to adjudicate the fairness of that distribution, should it be questioned,” he added.