CJI N V Ramana says judiciary must be mindful of 'Lakshman Rekha'

Ramana said deliberate inaction by governments despite judicial pronouncements is not good for the health of democracy

Chief Justice of India N V Ramana on Saturday put the blame on non-performing executives, ambiguities in laws and the alarming low judge-population ratio of 20 judges per 10 lakh people for the rising caseload of the judiciary.

Speaking at the inauguration ceremony of the 39th Chief Ministers and Chief Justices conference here, he emphasised harmonious and coordinated functioning among the three organs of the state, saying "while discharging our duties, we must all be mindful of the Lakshman Rekha. The judiciary would never come in the way of governance if it is in accordance with the law."

Maintaining that the policymaking is not the court's domain, but if a citizen moves, the courts cannot say no, the CJI asked the governments, “Please be generous in creating more posts and filling the same, so that our judge-to-population ratio is comparable to advanced democracies. As per sanctioned strength, we have just around 20 judges per 10 lakh population, which is alarmingly low”.

Also Read | Time to introduce local languages in courts: CJI N V Ramana

He pointed toward the "severe gap" in existing infrastructure and the projected justice needs of the people.

Prime Minister Narendra Modi, chief ministers, law minister Kiren Rijiju, Minister of State S P Baghel, Supreme Court judges, and high court chief justices were present on the occasion.

Referring to vacancies, the CJI pointed out as on today, out of 1104 sanctioned posts of high court judges, there are 388 vacancies, and out of 180 recommendations, 126 appointments have been made for various high courts.

He said 50 proposals are still awaiting approval by the Centre and the high courts have sent around 100 names to the Centre, which are yet to reach the top court.

“When we last met in 2016, the sanctioned strength of judicial officers in the country was 20,811. Now, it is 24,112, which is an increase of 16% in 6 years. On the other hand, in the corresponding period, pendency in district courts has gone up from 2 crore 65 lakhs to 4 crore 11 lakhs, which is an increase of 54.64%. This data shows how inadequate the increase in the sanctioned strength is," he said.

Also Read | 20 judges per 10 lakh population is alarmingly low: CJI Ramana.

In his speech, the CJI rued that decisions of the courts are not implemented by the government for years, which results in contempt petitions, which is a new category of burden.

The deliberate inactions by the governments, despite judicial pronouncements, are not good for the health of democracy, he added.

“Please remember, it is only the judicial process that is adversarial. Not the judges or their judgements. We are merely discharging our constitutionally assigned role. Judgements are meant for delivering justice and should be seen as such," he said.

Referring to factors for docket explosion in the country, Justice Ramana said, “If a Tehsildar acts upon a grievance of a farmer regarding the land survey, or a ration card, the farmer would not think of approaching the court. If a municipal authority or a gram panchayat discharges its duties properly, the citizens need not look to courts”.

He further said that if revenue authorities acquire land through due process of law, the courts would not be burdened by land disputes and these cases account for 66 per cent of the pendency. Justice Ramana said if police investigations are fair, if illegal arrests and custodial torture come to an end, then no victim will have to approach the courts.

He said it is beyond his understanding as to why intra and interdepartmental disputes of the government or fights between PSUs and the government end up in courts.

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