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New Delhi: Chief Justice of India (CJI) NV Ramana on Saturday said that the legislature does not study or assess the impact of laws, which sometimes leads to “big issues” and result in over-burdening of cases on the judiciary. it happens.
He also highlighted that re-branding the existing courts as commercial courts without creation of a special infrastructure will not affect the pending cases.
Addressing the judges and lawyers, CJI Ramana said, “We must remember that whatever criticism or impediment we may face, our mission of providing justice cannot stop. We have to move ahead while performing our duty to strengthen the judiciary and protect the rights of citizens.
The CJI, who was speaking at the closing ceremony of the Constitution Day celebrations in the presence of President Ram Nath Kovind and Union Law Minister Kiren Rijiju, said the issue of pendency of cases in the judiciary is multi-dimensional in nature and it is expected that the government will The suggestions received during the program will be considered and the existing issues will be resolved.
“Another issue is that the legislature does not study or assess the effect of laws that it passes. This sometimes leads to larger issues. The introduction of section 138 of the Negotiable Instruments Act is an example of this. Now, already burdened magistrates are burdened with thousands of these cases. Similarly, re-branding the existing courts as commercial courts without creating a special infrastructure will not affect the pending cases , “They said.
Section 138 of the Negotiable Instruments Act deals with dishonor of check for insufficiency of funds in bank accounts.
The CJI appreciated the Union Law Minister’s announcement that the government has allocated Rs 9,000 crore, a substantial amount, for the development of judicial infrastructure.
“However, as I highlighted yesterday, funding is not the problem. The problem is that some states are not coming forward to equalize the grant. As a result, central funds remain largely unutilized,” he said.
“That is why I am proposing a special purpose vehicle of the Judicial Infrastructure Authority. I request the Minister to take this proposal to its logical conclusion. I request the Minister to expedite the process of filling up the judicial vacancies.” I urge you also,” the CJI said.
He said the purpose of the two-day meeting was to highlight the devotion towards constitutional principles and on Friday he mentioned how even the knowledgeable sections of the society are unaware of the importance of the Constitution.
“Though we are working tirelessly to uphold the Constitution, there is still a need to spread more understanding about the Constitution. If people are unaware about their rights and entitlements, they cannot claim benefits from it. People also need to know the scope and limits of the roles assigned to the various organs of the state. We need to clear the existing misunderstandings,” he said.
The CJI said that many people in the country believe that it is the courts that make the law and there is another set of misconceptions related to the notion that courts are responsible for liberal acquittals and adjournments.
“However, the truth is that public prosecutors, advocates and parties – all have to cooperate in the judicial process. The courts cannot be blamed for non-cooperation, procedural lapses and faulty investigations. These are issues with the judiciary that need to be addressed. needs to be done,” he said, adding that it is one of the reasons why he is very happy that all the Chief Justices and senior judges of the country were able to participate in the event.
Referring to the suggestions made by Attorney General KK Venugopal on Friday, where he proposed restructuring of the judicial system and changes in the hierarchy of courts, the CJI said this is something that deserves consideration by the government.
“Since independence, I don’t think any serious study has been done to consider what the structural hierarchy of the judiciary in India should actually be,” he said.
The CJI said that it was the President who really set the tone for the event and who consistently encouraged the entry of women into the legal profession and increased the representation of women in the judiciary.
He said that necessity is the mother of all inventions and during the COVID-19 pandemic, the judiciary had to change the way it talks on various issues.
“It has compelled us to develop some good practices which will support us in the days to come, albeit at a terrible cost. The Indian judiciary was one of the first institutions to move to the online mode. It has created a world of opportunities. and we have seen innumerable benefits arising out of it,” said the CJI, thanking Justices AM Khanwilkar, DY Chandrachud and L Nageswara Rao, who heads various committees in the Supreme Court related to technology.
He also thanked Justice UU Lalit, Acting Chairman, National Legal Services Authority (NALSA) for leading a spirited campaign to spread awareness about legal aid.
The CJI said the last two years have been very difficult for all and many judges, judicial officers and staff have lost their lives, and he understands how much stress and pain they must have faced in this difficult time.
read also,Protect judiciary from motivated, targeted attacks’: CJI to lawyers on Constitution Day
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