Mumbai: Every institution can be improved, but it should not lead to the conclusion that there is something fundamentally wrong with it, Chief Justice of India D Y Chandrachud said here on Saturday while talking about the collegium system.
He was speaking during an interaction after delivering the inaugural lecture in a series organized by the Marathi daily `Loksatta’ here.
On a question about the collegium system of appointment of Supreme Court and High Court judges, the chief justice said it is a federal system where the responsibility has been given to different levels of governments (both the centre and the states) and the judiciary.
“It is a process of consultative dialogue, where consensus emerges, but at times there is no consensus, but that’s part of the system. We must have the maturity to understand that this represents the strength of our system,” Chandrachud said.
“I wish, we will be able to foster a greater consensus, but the point of the matter is, this is dealt with a very great level of maturity on the parts of different levels within the judiciary and different levels within the governments,” he added.
If there is an objection about a particular candidate, discussions take place with a “very great deal of maturity”, the chief justice noted.
“We have to understand that it is very easy to criticize the institution that we have formed….every institution is capable of betterment….But the very fact that there are institutional improvements, which are possible, should not lead us to a conclusion that there is something fundamentally wrong with the institution,” he stated. “The fact that these institutions have stood the test of time for over the last 75 years is a reason for us to trust our system of democratic governance of which judiciary is well apart,” Chandrachud added.
To another question, the chief justice said unlike in other fields, the work burden of a judge increases both in terms of volume and complexity as he or she rises in the judiciary.
“Our judges are not galivanting or goofing up even in the vacation, they are deeply committed to the work they do,” he added.
The orders they pass will define the country in next decades, but the judges hardly get time to think or read about law (aside from their work), the chief justice said.
“….do we give our judges sufficient time to think or read about the law or do you just want them to be merely a mechanical machine in disposal of the cases,” he asked.
Despite its drawbacks, the emergence of social media is good for society, Chandrachud said.
“The whole universe of judging, I believe, has changed due to social media. Judges have to be very careful about what they say, use appropriate language,” he said.
“I still feel that the advent of social media is good for society, as it enables the user to reach a huge section of society,” the chief justice remarked.
