Institutional Trust in Courts Essential for a Thriving Constitutional Order, Says CJI D Y Chandrachud

Chief Justice of India, D Y Chandrachud, highlighted the importance of public trust in courts for a robust constitutional framework. Speaking at the Bhutan Distinguished Speakers Forum, he discussed "Judicial Legitimacy through accessibility, transparency and technology: the Indian experience." He emphasised that while courts don't manage resources directly, they ensure fair distribution when questioned.

Public trust is crucial for judicial credibility, which operates independently of public opinion. The Indian Supreme Court considers itself the people's court, often scrutinising state allocations like contracts and natural resources. Judges must remain detached from popular sentiment when resolving legal issues, maintaining independence from public mandates.

Judicial Independence and Public Interest Litigation

Chandrachud noted that judges' appointments and tenures aren't influenced by public approval. Populist decisions can conflict with judicial independence. He mentioned India's unique Public Interest Litigation (PIL) jurisdiction, which has been adopted by other countries as part of their constitutional frameworks.

The CJI also addressed how technology has improved court accessibility in India. The e-courts project, launched in 2007, aims to enhance judicial efficiency. It allows case filings online, reducing physical paperwork significantly. Hybrid hearings were introduced during COVID-19 lockdowns and are now a staple in Indian courts.

Technology's Role in Enhancing Accessibility

Virtual courts and video conferencing have mitigated geographical challenges for litigants from remote areas. These technological advancements also benefit individuals with physical disabilities, pregnant women, and the elderly by providing virtual courtroom access.

Chandrachud acknowledged that technology isn't a complete solution for social inequalities but stressed its role in promoting judicial accountability. The integration of tech-enabled measures is essential for improving justice delivery without compromising on fairness or transparency.

The Chief Justice's remarks underscore the judiciary's commitment to ensuring equitable access to justice through innovation while preserving its independence and credibility. This approach reflects India's ongoing efforts to adapt its legal system to modern challenges and societal needs.