CJI D Y Chandrachud Explains Judicial Independence Beyond Government Verdicts

Chief Justice D Y Chandrachud recently clarified that judicial independence does not imply consistently ruling against the government. During an event by the Indian Express group, he highlighted that various pressure groups attempt to sway court decisions through electronic media. Traditionally, judicial independence was seen as freedom from the executive, but societal changes have broadened this concept.

Chandrachud pointed out that with social media's rise, interest and pressure groups increasingly use electronic platforms to influence court outcomes. He noted that these groups often label the judiciary as independent only when verdicts align with their interests. "If you do not decide in my favour, you are not independent, that is what I have an objection to," he stated.

Judicial Independence and Pressure Groups

The Chief Justice emphasised that true independence for judges means making decisions based on their conscience, guided by law and the Constitution. He expressed concern over the perception that judges are only seen as independent when they rule against the government. "To be independent, a judge must have the independence to decide what their conscience tells them," Chandrachud explained.

He shared his experience of being labelled independent when he ruled against the government on electoral bonds. However, he noted that if a decision favours the government, it is often perceived differently. "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," he added.

Challenges in Upholding Judicial Independence

Chandrachud stressed the importance of allowing judges the freedom to make decisions without undue influence. He argued that judicial independence should not be defined by whether rulings favour or oppose the government but rather by adherence to legal principles and personal conscience.

The Chief Justice's remarks underline the evolving challenges faced by the judiciary in maintaining its independence amidst societal and technological changes. As he prepares to leave office on November 10, his insights highlight ongoing debates about the role of external pressures in judicial decision-making.

In wrapping up his thoughts, Chandrachud reiterated that judges must be allowed discretion in their rulings. His comments serve as a reminder of the delicate balance between judicial independence and external influences in today's world.