Mamata Banerjee, Chief Justice bat for judiciary to be free from political bias
Mamata Banerjee, Chief Justice bat for judiciary to be free from political bias
West Bengal Chief Minister Mamata Banerjee on Saturday said the judiciary should be sacred and honest and free from political bias. Chief Justice of India (CJI) DY Chandrachud backed her views and said judges shouldrefrain from allowing their personal beliefs to influence their rulings.
Speaking at a conference on contemporary judicial developments in Kolkata, Banerjee described the judiciary as an "important temple" for citizens, and it serves as the last frontier for getting justice and upholding constitutional rights.
"It is not my intention to humiliate anyone, but my kind submission is that please see that there is no political bias in the judiciary. The judiciary must be absolutely pure, honest and sacred," she said.
"The judiciary is an important temple for us. It is just like 'mandir (temple), masjid (mosque), gurdwara and girjaghar (church)'. It is our supreme authority to deliver justice to the people. I believe this judiciary is of the people, for the people, by the people," she said.
The Chief Minister said the people have hopes in the judiciary as they believe they will get justice from the courts.
"If the judiciary cannot help common people, where will they get justice? When they face any problem or anything atrocious, they only hope with greater interest that the judiciary can solve their problems. It is the last frontier for getting justice and upholding constitutional rights," she said.
"The judiciary is a big pillar and serves as the foundation of our country to save democracy, Constitution and people's interests," she added.
Banerjee underlined that the West Bengal government gave Rs 1,000 crore for the development of the judiciary and provided land for constructing a new High Court in Kolkata's Rajarhat area.
"We have 88 fast-track courts. Earlier, the government should have given us assistance for setting up fast-track courts. They withdrew facilities seven to eight years ago. But now, we are the only state having 88 fast-track courts of which 55 are women's fast-track courts," she said.
On his part, CJI Chandrachudlaid emphasis on how judgments should be based on constitutional morality and not a judge's concept of morality.
"Increasingly, we see judges writing on their ideologies. For example, a judge stating that he won't give protection to a couple who are staying together, as they are in a consensual relationship outside marriage. The law protects relationships which are in the nature of marriage, yet we find judges writing that they cannot give protection," he said.
"Even if there is a risk of honour killing of the couple, is this the true nature of a judge? Or are they giving effect to their own personal ideas on what is moral and what is immoral, rather than upholding constitutional morality?" he added.
The Chief Justice cited specific examples to illustrate his point. He mentioned cases where judges denied protecting couples in interfaith marriages because they had not obtained parental consent.
"Is the judge giving their personal view on how society has to live? We are servants of the Constitution, not masters," he argued, emphasising that personal prejudices and societal norms should not cloud judicial decisions.
He said the role of the judges is to serve the people and cautioned against the perceived notion of them being viewed as deities.
"I am a little reticent when I am told that this is the temple of justice. There is a grave perception that we are perceived as deities in the temple. I am recasting the role of judges as the servers of the people. By doing that, you bring in the notion of compassion, empathy of judging others but not being judgmental about others," he added.
He also said the Supreme Court is the court of "last resort" and the district courts across the country are the "first resort" for people seeking justice.
Talking about women empowerment, CJI Chandrachud said, "It should be encouraged in the judiciary. Amenities for women are lacking. Women have multiple things to do. I, as CJI, started an initiative where meals for Rs 25 can be served," he said.
"I urge our legal community to work on them and strengthen such measures. We must support and mentor young women who come into this profession so that they can take charge," he added.
He said citizens believe that adjournment in cases is a routine process, which leads to delays in justice, and thereby causes a distrust in the system.
"We must open up access to the Supreme Court for everyone. A citizen does not know the procedures. E-filling allows citizens to access procedures. Our duty is to see that orders are implemented through technology," the Chief Justice further said.
The Chief Justice was in Kolkata for the bicentenary celebration of Calcutta High Court's Bar Library Club.
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