Much hope rests on the new CJI

The tenure of Justice D Y Chandrachud, who took over as the 50th Chief Justice of India this week, will be especially significant for the judiciary and the country. He will have the longest term in office for a CJI in decades, as against his predecessor Justice U U Lalit’s very brief term. CJIs in the country have been disadvantaged by their short tenures but Justice Chandrachud will have a reasonably long stint in office which should help him to implement reforms, streamline judicial functioning at all levels and make an impact. He is assuming office when the Supreme Court’s role is more important than ever. Many constitutional and democratic institutions are under stress and the highest court, as the sentinel of the Constitution, has a special responsibility to ensure its protection in letter and spirit. As the head of the judiciary, the CJI’s role is crucial in this.

Chandrachud is known as a liberal judge who attaches great importance to individual freedom and citizens’ rights. Some of his judgements, like those on the right to privacy, decriminalisation of adultery and Section 377, entry of women in Sabarimala, and on the so-called ‘love jihad’, dissenting view in the Aadhaar case, and pronouncements from the bench and outside the court have shown him to be a progressive judge. The strong and independent judicial persona will hopefully help him to meet the challenges before him. He has said that serving the ordinary citizen is his priority and has promised reforms in registry and judicial processes. He has also said that his primary job will be to ensure that “people keep their faith in the judiciary.” He has mentioned some priority areas which will receive his attention, as actions in these areas are urgently needed.

The tasks before him include filling up vacancies in the judiciary at all levels. All courts, including district courts, High Courts and the Supreme Court need more judges as there are about 48 million cases pending in them. Faster clearance of pending cases and timely and efficient delivery of justice will ensure the people’s faith in judiciary. He has also said that he will bring more objectivity to the appointment of judges and the working of the registry. There are persistent issues relating to transparency, accountability and democratic participation about the functioning of the collegium, and hopefully they will be sorted out in the best possible manner. There are important cases like those about Article 370, the electoral bonds scheme and the Citizenship Amendment Act (CAA) that need to be decided. Justice Lalit had started hearing some important cases, and the new CJI will hopefully continue the trend, and not keep them for the end of his tenure.