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Optimising tech strategic move towards democratising access to justice: CJI

Chief Justice of India DY Chandrachud said on Saturday that optimising tech within the judiciary is not just about modernisation but also a strategic move towards democratising access to justice, and underlined the need to train lawyers to use technology. Leveraging these advancements will help bridge gaps, enhance efficiency, and ensure that justice delivery is not impeded by geographical and technological barriers, he said while addressing a gathering at the inauguration of a new district court building here. Highlighting the importance of district courts, Justice Chandrachud said they hold a crucial position for the realisation of the right to justice and are a cornerstone of the ideals of our Constitution in envisioning a society where every citizen is assured that right to justice. Talking about the new court building in Rajkot, he called the inclusion of a conference room and a training room, equipped with the latest audio-video devices and systems, a forward-looking ...

Ayodhya case judges unanimously decided to keep verdict anonymous: CJI

More than four years after the historic Ayodhya verdict of the Supreme Court, Chief Justice of India DY Chandrachud on Monday said the five-judges, who ruled in favour of construction of a Ram temple by a trust at the disputed site, had unanimously decided there will be no authorship ascribed to the judgement. On November 9, 2019, settling a fractious issue that went back more than a century, a five-judge bench headed by the then CJI Ranjan Gogoi had paved the way for construction of the temple and ruled that an alternative five-acre plot will be found for a mosque in the holy town in Uttar Pradesh. In an exclusive interview with PTI, CJI Chandrachud, who was part of the constitution bench, candidly spoke on the issue of anonymity and said, when the judges sat together, as they do before a pronouncement, it was unanimously decided that this will be a "judgement of the court". He was replying to the query as to why the name of the author judge was not made public. "When the five-jud

Not appropriate to respond to criticism on my judgement: CJI on Article 370

Chief Justice of India DY Chandrachud on Monday refused to respond to criticism of the unanimous five-judge bench verdict of the Supreme Court upholding scrapping of Article 370 of the Constitution, saying the judges decide a case "according to the Constitution and the law". In an exclusive interview to PTI, the CJI said the judges speak their mind through their judgement which becomes public property after the pronouncement and people in a free society can always make their opinion about it. "So far as we are concerned we decide according to the Constitution and the law. I don't think it will be appropriate for me either to respond to the criticism or mount a defence to my judgement. What we have said in my judgement is reflected in the reason present in the signed judgement and I must leave it at that," Justice Chandrachud said. The response came to a query seeking his views on recent criticism by some jurists, including a former judge, on the Article 370 verdict, which upheld the

SC says unstamped agreements enforceable, overrules its April judgment

Stamping means when a stamp duty is paid on the value of the agreement as per the Stamps Act

Five-judge Constitution Bench to pronounce Art 370 verdict on Monday

Security beefed up in Jammu & Kashmir

Problem with our society is we are not listening to others, says CJI

Chief Justice of India D Y Chandrachud on Saturday urged citizens to have the audacity to listen to others and break their own echo chambers. The CJI was speaking at the 20th convocation ceremony of the Symbiosis International (Deemed) University in Pune. The power of listening to others is important in every sphere of life. It is enormously liberating to yield that space to others. The problem with our society is that we are not listening to otherswe are listening only to ourselves, he said. By having the audacity to listen one concedes that the individual may not have all the right answers but is willing to explore and find them, the CJI said, adding it also gives a chance to break our own echo chambers and give us a newer understanding of the world around us. Life has a peculiar way of teaching us. Let humility, courage and integrity be your companions in this journey, he said. CJI Chandrachud added that contrary to the common misconception, strength is not shown by anger or ..

Polarisation across world marked by social media growth, intolerance: CJI

The polarisation across the world, with India not being an exception, is marked by the growth of social media and growing intolerance among communities, Chief Justice of India D Y Chandrachud has said here. Speaking at the Jamnalal Bajaj Awards function on Friday, he also said that India's pluralistic culture and "ability to engage in dialogue" set it apart from many other countries which got independence during the same period but could not sustain democracy. "Much of the polarisation which we see across the globalised world....the polarisation between right and left and the centre...the polarisation which we experience across the world and India is no exception, is also marked by the growth of social media, the sense of intolerance among communities, the short attention span which the younger generation has," Chandrachud said. This was not an isolated phenomenon, and free markets and technology produced it, he added. The CJI also spoke about how India's post-independence journey

I myself am servant of law: CJI on reforming SC's Collegium system

He said though CJI has brought many reforms, the reforms relating to Collegium and senior designation were much needed to take the judiciary to new heights

As a judge, I am servant of law and Constitution: CJI D Y Chandrachud

Chief Justice of India D Y Chandrachud on Friday said that as a judge, he is a "servant" of the law and the Constitution and has to follow the position that has been laid down. As soon as a bench headed by the CJI assembled for the day's proceedings, advocate Mathews J Nedumpara mentioned a matter before the court. The lawyer then told the bench, also comprising Justices J B Pardiwala and Manoj Misra, about the need for reforms in the collegium system as well as abolition of the senior advocate designation. "You have the freedom to pursue your heart's desire. As the Chief Justice of India, but more importantly, as a judge first, I am a servant of the law and the Constitution," Justice Chandrachud said. "I have to follow a position which has been laid down," he said, adding, "I cannot say this is what I like and I will do it." In October this year, the apex court had dismissed a plea challenging the designation of lawyers as senior advocates, saying the petition was a "misadventure

Imperative to amplify justice needs of under-represented, says CJI

Access to justice cannot be secured only by crafting pro-people jurisprudence in judgements but requires active progress on the administrative side of the court such as improving infrastructure and enhancing legal aid services, Chief Justice of India DY Chandrachud said on Monday. Speaking at the first Regional Conference on Access to Legal Aid organised by National Legal Services Authority (NALSA) here, Chandrachud said the challenge for judges is not to do justice in the facts of the individual case but to institutionalise the processes and look beyond the immediate as well. "Access to justice is not a right that can be secured only by crafting pro-people jurisprudence in our judgements rather it requires active progress on the administrative side of the court as well," Chandrachud said. The CJI said the discourse about human rights and access to justice has historically been monopolised by voices from the Global North (industrialised nations) which makes such dialogues ...

Citizens should not be afraid of approaching courts: CJI Chandrachud

The Supreme Court has acted as a "people's court" and citizens should not be afraid of going to courts or view it as the last resort, Chief Justice of India (CJI) D Y Chandrachud said on Sunday. Justice Chandrachud said just as the Constitution allows us to resolve political differences through established democratic institutions and processes, the courts system helps in resolving many disagreements through established principles and processes. "In this way, every case in every court in the country is an extension of constitutional governance," the CJI said while speaking at the inauguration of the Constitution Day celebrations at the apex court. President Droupadi Murmu delivered the inaugural address at the programme, which was also attended by apex court judges Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna, Law Minister Arjun Ram Meghwal and others. In his address, the CJI said, "In the last seven decades, the Supreme Court of India has acted as a people's court. Thousand

We are confronted with fundamental questions on ethical AI treatment: CJI

Chief Justice of India D Y Chandrachud on Saturday said identity and its recognition by the State plays a crucial part in what resources people get and their ability to express their grievances and demand their rights. Addressing the plenary session of the 36th 'LAWASIA' conference virtually, he spoke on "Identity, the Individual and the State - New Paths to liberty". LAWASIA is a regional association of lawyers, judges, jurists and legal organisations, which advocates for the interests and concerns of the Asia Pacific legal progression. Noting that liberty is the ability to make choices for oneself and change our course of life, the Chief Justice said identity intersects with the person's agency and life choices. "As lawyers, we are constantly confronted with this intersection and the role of the State to limit or expand the life opportunities of the people. While the relationship between the state and liberty has been understood widely, the task of establishing and explaining the

What was TN governor doing for 3 yrs?: SC questions delay on bills

On Saturday, the Tamil Nadu Assembly held a special session to re-adopt all ten bills, which were sent back to Governor RN Ravi for his assent

Judges must retire to enable successors rejig old legal principles: CJI

Judges must retire so the succeeding generations point out errors of the past and rejig legal principles for society to evolve, Chief Justice DY Chandrachud said on Saturday. Sharing his perspective on the retirement age of judges at the Hindustan Times Leadership Summit here, Chandrachud said while the American constitution has no age of retirement for judges, in India, judges retire after a particular age. The CJI said it would be "too much of a responsibility" cast on human beings in terms of their own infallibility by postulating that they should not retire from office. "We have followed a model where judges retire. But as someone who has been in the system for 23 years as a judge, I have a different take. In a sense, it is important that judges must retire because its too much of a responsibility to cast on a human being in terms of their own infallibility by postulating that they should not retire from their office. "Judges are human beings prone to errors and societies evolv

Legislature can enact fresh law to cure deficiency, can't overrule it: CJI

Chief Justice D Y Chandrachud on Saturday said the legislature can enact a fresh law to cure a deficiency in a judgment but it cannot directly overrule it. Speaking at the Hindustan Times Leadership Summit here, Chandrachud said judges don't think about how the society would respond when they decide cases and that is the difference between the elected arm of the government and the judiciary. "There is a dividing line between what the legislature can do, and what the legislature can't do when there is a judgment of the court. If a judgment decides a particular issue and it points out a deficiency in law, it is always open for the legislature to enact a fresh law to cure the deficiency," the CJI said. "What the legislature cannot do is to say that we think the judgment is wrong and therefore we overrule the judgment. The judgment of a court cannot be directly overruled by the legislature," the CJI said. He also said judges are guided by constitutional morality and not public morality

Electoral bonds scheme wholly arbitrary, has to be struck down: Sibal to SC

Senior advocate Kapil Sibal said the Electoral Bonds scheme is wholly arbitrary and has to be struck down

Sometimes it's vote of conscience: CJI on judgement on queer couples

CJI Chandrachud was speaking at the 3rd Comparative Constitutional Law discussion on the topic 'Perspectives from the Supreme Courts of India and the United States'

Legal system often played key role in perpetuating historical wrongs: CJI

Chief Justice of India D Y Chandrachud has said that unfortunately the legal system has often played a "pivotal role" in perpetuating "historical wrongs" against marginalised social groups and the harm caused by this can persist for generations. Chandrachud delivered the keynote address at the Sixth International Conference on the Unfinished Legacy of Dr. B.R. Ambedkar' at the Brandeis University, Waltham, Massachusetts, on Sunday. In his address titled Reformation Beyond Representation: The Social Life of the Constitution in Remedying Historical Wrongs', Chandrachud said that throughout history, marginalised social groups have been subjected to horrendous, egregious wrongs, often stemming from prejudice, discrimination and unequal power dynamics. From the brutal transatlantic slave trade that forcibly uprooted millions of Africans, the Native American displacement, caste inequalities in India affecting millions of backward castes to the oppression of indigenous Adivasi communities

Unmarried couples, including queer couples, can jointly adopt child: CJI

Unmarried couples, including queer couples, can jointly adopt a child, the Supreme Court said on Tuesday while striking down a Central Adoption Resource Authority (CARA) regulation that allows only married couples to adopt children. A five-judge Constitution bench of the top court on Tuesday unanimously refused to accord legal recognition to same-sex marriages under the Special Marriage Act, ruling that it is within the Parliament's ambit to change the law for validating such a union. Writing a 247-page separate judgement, Chief Justice of India (CJI) D Y Chandrachud struck down Regulation 5(3) of the CARA, saying it is violative of the rights of the queer community and that the CARA has exceeded its authority in barring unmarried couples from adopting children. The five-judge bench, however, passed a 3:2 verdict against adoption rights for the LGBTQIA++ community. While the CJI and Justice Sanjay Kishan Kaul opined that queer couples should be given adoption rights, Justices Ravin

CJI on same-sex marriage: Parl can change law, we can only interpret

The court can't make law but only interpret it and it is for Parliament to change the Special Marriage Act, Chief Justice of India (CJI) D Y Chandrachud said on Tuesday while pronouncing his verdict on 21 pleas seeking legal validation for same-sex marriages. At the outset, Justice Chandrachud said there are four judgments -- by himself, Justices Sanjay Kishan Kaul, S Ravindra Bhat and P S Narasimha -- in the matter. Justice Hima Kohli is also a part of the five-judge bench. Directing the Centre, states and Union Territories (UTs) to ensure that the queer community is not discriminated against, the CJI, who is heading the constitution bench, said queer is a natural phenomenon known for ages and is neither urban nor elitist. Justice Kaul said he agrees with the CJI on grant of certain rights to queer couples. "Non-heterosexual and heterosexual unions must be seen as both sides of same coin," he said, adding that legal recognition of non-heterosexual unions is step towards marriage .