It is the Constitution that guides judges after they take oath and not politics, Chief Justice of India (CJI) NV Ramana made it clear on Monday. .The CJI was speaking at the second ‘Comparative Constitutional Law Conversation’ webinar on “Comparative Approaches of Supreme Courts of World's Largest and Oldest Democracies" - an event which had United States Supreme Court Justice Stephen Breyer as the other speaker.Justice Breyer said that the job of judging is not political and it is important for people to understand that. CJI Ramana concurred with the same."I loved the statement of Justice Breyer - the job of the judge is not political. I love this statement. Once you take oath, politics is no longer relevant. It is the Constitution that guides us," the CJI underscored.Independence of judiciary is non negotiable and people will trust judiciary only if it acts independently, he added.The CJI also said that it is a misconception that in India, judges appoint judges."It is wrong and I want to correct it. The appointment is done through a lengthy consultative process. Many stakeholders are consulted. The Executive is one of the key stake holders," he maintained.He elaborated the process involved in appointing judges stating,"I want to emphasise the fact that it is the Government which finally appoints the judges in the name of the President of India, Head of our State."Below are other highlights from the event..Government is one of the key stakeholders in appointment of judges.CJI NV Ramana .On woman judges in Indian judiciaryThe CJI pointed out that the Supreme Court of India now has 4 women judges, the highest so far. "I know it is not enough. I expect more. I am happy that the recent appointments have generated a lot of discussion ... I am very happy that the outlook of my collegium members is very progressive. In recent appointments we could select judges from different states and three of them are women. I know we have many miles to go but a beginning has been made.".On public interest litigationThe CJI said that public interest litigation was an innovation by the Supreme Court to aid the marginalised people who cannot approach the court with advocates. It, thus, serves as a tool for access to justice to uphold civil right. "When necessary the Court looked beyond the locus standi because of proactive approach of Supreme Court became a tool of empowerment. It generated awareness of rights. The Supreme Court is also monitoring various issues through this PIL for example environmental issues, long pending criminal cases against elected representatives, protection of human rights. PIL has prevented gross abuse of executive and checked the corruption in some levels and sought accountability," he opined..On judicial infrastructure in IndiaOne of important highlights of the event was CJI's take on judicial infrastructure. "After British left the country, most courts were not modernised. This is a priority subject," he pointed out.He said that he has taken up this issue on priority with the Central and State governments. "From the days of my profession as advocate I noticed the poor condition of courts in rural areas. In India, judicial infrastructure remains the most neglected area," he said..After British left the country, most courts were not modernised.CJI NV Ramana.65 too young to retire; will continue in public lifeThe CJI said that the retirement age of 65 for Supreme Court judges is on the lower side and he will continue to remain active in public life after his superannuation (CJI Ramana is slated to retire in August this year). "I think 65 years is too early for someone to retire! I worked almost 22 years as a High Court judge, Supreme Court judge and CJI. The Indian judiciary, we know our date of retirement at the time of joining. There are no exceptions. I'm still left with decent amount of energy. I love to be among the people. It has been my nature since student days. One thing I can say for certain is that retirement from the judiciary does not mean that I will retire from public life." he said..One thing I can say for certain is that retirement from the judiciary does not mean that I will retire from public life.CJI NV Ramana .On abortion, pre-marital sexThe Chief Justice said that abortion and pre-marital sex were not big issues in India."The issues of sex before marriage and other issues, are not that serious in this country. There are negligible instances where we can look into it."Later on in the event, the CJI clarified this bit, adding,"I want to make one thing clear about the abortion issue ... I want to say, in India there are regulations to stop acts of female foeticide. It is a balancing act between right to life of a child versus right of the mother. Autonomy of a body of female is important," he underscored..On law graduates going abroad for education.The CJI welcomed the concept of learning in a different country and getting exposed to different cultures. "It is a good experience for an upcoming lawyer. Foreign education exposure helps a lot. Every country should encourage and sponsor this. We will understand system, we can contribute a lot.".On the legal aid movement in IndiaThe CJI spoke of how pre-litigation settlement has led to reduced cases coming in courts."This can be replicated anywhere particularly developing countries. Legal aid movement is very popular in this country.".[Follow our coverage of the event]The video of the event can be watched here:
It is the Constitution that guides judges after they take oath and not politics, Chief Justice of India (CJI) NV Ramana made it clear on Monday. .The CJI was speaking at the second ‘Comparative Constitutional Law Conversation’ webinar on “Comparative Approaches of Supreme Courts of World's Largest and Oldest Democracies" - an event which had United States Supreme Court Justice Stephen Breyer as the other speaker.Justice Breyer said that the job of judging is not political and it is important for people to understand that. CJI Ramana concurred with the same."I loved the statement of Justice Breyer - the job of the judge is not political. I love this statement. Once you take oath, politics is no longer relevant. It is the Constitution that guides us," the CJI underscored.Independence of judiciary is non negotiable and people will trust judiciary only if it acts independently, he added.The CJI also said that it is a misconception that in India, judges appoint judges."It is wrong and I want to correct it. The appointment is done through a lengthy consultative process. Many stakeholders are consulted. The Executive is one of the key stake holders," he maintained.He elaborated the process involved in appointing judges stating,"I want to emphasise the fact that it is the Government which finally appoints the judges in the name of the President of India, Head of our State."Below are other highlights from the event..Government is one of the key stakeholders in appointment of judges.CJI NV Ramana .On woman judges in Indian judiciaryThe CJI pointed out that the Supreme Court of India now has 4 women judges, the highest so far. "I know it is not enough. I expect more. I am happy that the recent appointments have generated a lot of discussion ... I am very happy that the outlook of my collegium members is very progressive. In recent appointments we could select judges from different states and three of them are women. I know we have many miles to go but a beginning has been made.".On public interest litigationThe CJI said that public interest litigation was an innovation by the Supreme Court to aid the marginalised people who cannot approach the court with advocates. It, thus, serves as a tool for access to justice to uphold civil right. "When necessary the Court looked beyond the locus standi because of proactive approach of Supreme Court became a tool of empowerment. It generated awareness of rights. The Supreme Court is also monitoring various issues through this PIL for example environmental issues, long pending criminal cases against elected representatives, protection of human rights. PIL has prevented gross abuse of executive and checked the corruption in some levels and sought accountability," he opined..On judicial infrastructure in IndiaOne of important highlights of the event was CJI's take on judicial infrastructure. "After British left the country, most courts were not modernised. This is a priority subject," he pointed out.He said that he has taken up this issue on priority with the Central and State governments. "From the days of my profession as advocate I noticed the poor condition of courts in rural areas. In India, judicial infrastructure remains the most neglected area," he said..After British left the country, most courts were not modernised.CJI NV Ramana.65 too young to retire; will continue in public lifeThe CJI said that the retirement age of 65 for Supreme Court judges is on the lower side and he will continue to remain active in public life after his superannuation (CJI Ramana is slated to retire in August this year). "I think 65 years is too early for someone to retire! I worked almost 22 years as a High Court judge, Supreme Court judge and CJI. The Indian judiciary, we know our date of retirement at the time of joining. There are no exceptions. I'm still left with decent amount of energy. I love to be among the people. It has been my nature since student days. One thing I can say for certain is that retirement from the judiciary does not mean that I will retire from public life." he said..One thing I can say for certain is that retirement from the judiciary does not mean that I will retire from public life.CJI NV Ramana .On abortion, pre-marital sexThe Chief Justice said that abortion and pre-marital sex were not big issues in India."The issues of sex before marriage and other issues, are not that serious in this country. There are negligible instances where we can look into it."Later on in the event, the CJI clarified this bit, adding,"I want to make one thing clear about the abortion issue ... I want to say, in India there are regulations to stop acts of female foeticide. It is a balancing act between right to life of a child versus right of the mother. Autonomy of a body of female is important," he underscored..On law graduates going abroad for education.The CJI welcomed the concept of learning in a different country and getting exposed to different cultures. "It is a good experience for an upcoming lawyer. Foreign education exposure helps a lot. Every country should encourage and sponsor this. We will understand system, we can contribute a lot.".On the legal aid movement in IndiaThe CJI spoke of how pre-litigation settlement has led to reduced cases coming in courts."This can be replicated anywhere particularly developing countries. Legal aid movement is very popular in this country.".[Follow our coverage of the event]The video of the event can be watched here:
