What CJI Must Prioritise

Rescuing India from being at the bottom 15th percentile of all nations in ease of enforcement of contracts

- Krishnamurthy Subramanian

This month, after 26 long years, the judicial system delivered a verdict on a simple case of politician Raj Babbar assaulting a police officer in 1996. Meanwhile, the Chief Justice of India underlined that the judiciary is answerable to the Constitution and the Constitution alone. This column is about what these two events together mean.

The motto of the Indian Supreme Court is, Yato Dharma Sthato Jaya. Dharma can be upheld only if privilege and responsibility go hand-in-hand; higher the privilege, greater the responsibility. Economists describe this concept as “no free lunch in society”.

If one component of society cares far more to enjoy its privilege than fulfil its responsibility, then another constituent of society must pay for the entitled constituent’s undeserved free lunch by having its privileges/rights trampled upon. The common citizen undeservedly has his/her privileges undermined from undeserved free lunches enjoyed by the elite.

Relationship of judges and society: In every society, judges and scholars are held in the highest esteem. In return, society expects scholars and judges to pursue their respective dharma in the highest spirit. Even if all other sections of society were to relinquish their dharma, scholars and judges cannot use the same as a reason to justify similar wavering from their dharma despite the need to overcome daunting challenges. That is the responsibility society bestows upon scholars and judges.

● With 4.5 crore cases pending, is the judiciary fulfilling its dharma when justice is getting delayed, and thereby denied to crores of citizens?