Judges can’t seek public opinion; they are held accountable by their training: CJI Sanjiv Khanna

Judges are not elected and cannot seek social media opinions from the public before pronouncing judgments, Chief Justice of India (CJI) Sanjiv Khanna recently said..Rather, CJI Khanna highlighted that the judiciary is held accountable through various mechanisms, such as the training judges receive to decide when to act and when to show restraint. The bar also plays a crucial role in maintaining this accountability, he stated. "How is the judiciary accountable to the people? We are not elected, we should not be elected. We cannot go to social media before we pronounce and see whether you are going to like or not like the judgment. That's not possible, should not be done. I think the biggest check on the judiciary comes from several instruments which are built around. One is our training, both with regard to when we should we be active and when we should we restrain ourselves. Second, is the bar, because everything which is argued in judiciary is transparent. It is in the open court. Our courts are open, you address arguments, you speak out and we speak through our judgments," he said. .He observed that it is the individuals on the bench who shape and uphold the judiciary's integrity at any given time."Given the sheer volume of work, we cannot sit in a full court ... Judicial accountability largely depends on the judges who adorn the chair, because judges make the institution at that particular point of time," the CJI stated. He added that there are strong advantages to having a polyvocal court, as judges from diverse regions brings a variety of experiences and perspectives, which strengthens decision-making. "I used to earlier debate whether we should sit in a full court while deciding most matters, as the US court (does) ... But I also believe there is a big advantage in having judges from different jurisdictions who adorn the Bench in the Supreme Court. They bring in their own thought processes, their own jurisprudence and when we sit in twos and threes, they give their own opinions. Sometimes, it varies, we can say we are polyvocal. But at the same time, ultimately, this helps us come to the right conclusion," he said. .CJI Khanna was speaking at discussion organised by the Society for Democratic Rights and the Georgetown University Law Center on December 11. He engaged in a discussion with William M Treanor, Dean of Georgetown Law, on the approaches taken by the Supreme Court of India and the US Supreme Court in securing fundamental rights for citizens. Senior Advocate Vibha Makhija moderated the event..During the talk, CJI Khanna lauded India’s legal aid system, describing it as one of the most robust mechanisms in the world. He also highlighted the success of the Lok Adalat system of alternative dispute resolution, observing that around 130 billion cases have been dealt with by such 'people's courts' in the last seven years. He highlighted the immense relief this provides to the conventional courts which are already overburdened. "I have visited villages and I find there's always a smile in the face of the villages whenever you talk about Lok Adalats. They are very happy with the success of Lok Adalats and the relief which they get. So that's bringing justice at the doorsteps of the people... We reach out to them and sort out their problems. These are certain aspects of legal aid which, perhaps, nowhere else in the world you will filed," he added. .The CJI also drew attention to the significant role of pro bono lawyers in India with over 8,000 professionals volunteering their services and often handling complex cases.On social issues, the Chief Justice reflected on India’s progressive stance on women's rights. He noted that India is ahead of many nations in terms of abortion rights."As far as women rights and abortion is considered, we are perhaps way ahead in many ways ... And it happened gradually, there is no tussle in society about this. Society has been supportive," he went on to remark..CJI Khanna also highlighted the fundamental importance of certain fundamental rights and how their interpretation has evolved over time.He emphasized the significance of Article 14 of the Constitution which guarantees the right to equality. Over the years, the judiciary has expanded its understanding to include the principles of manifest arbitrariness and the doctrine of proportionality, he said.Likewise, Article 21 on right to life and liberty has been expanded by courts to encompass critical rights such as food security, access to education and a safe and sustainable environment.