After Chief Justice of India N.V. Ramana said that the judiciary cannot be controlled, directly or indirectly, by the legislature or the executive, or else the Rule of Law would become illusory, the Congress has got a window of opportunity to attack the government.
Congress spokesperson Jaiveer Shergill said, “Chief Justice of India’s comments that judiciary cannot be controlled must serve as a warning sign for BJP obsessed with subverting institutions; BJP must explain why judges expressing concerns about democracy & independence of the judiciary has become a regular feature in BJP regime?”
“The CJI’s comments have exposed the BJP which has the ambition to convert democracy into dictatorship,” Shergill said further.
Chief Justice of India, N.V. Ramana, on Wednesday, said judges should not be swayed by the “emotional pitch of public opinion on social media platforms”, and the judiciary cannot directly or indirectly be controlled by the legislature or the executive.
He also insisted media trials cannot be a guiding factor in deciding cases.
Shergill said, BJP should explain what led the CJI to make such strong comments that judges should stay away from external pressure.
Delivering the 17th Justice P.D. Desai memorial lecture on ‘Rule of Law’, Chief Justice Ramana said: “The judiciary cannot be controlled, directly or indirectly, by the legislature or the executive, or else the Rule of Law would become illusory. At the same time, judges should not be swayed by the emotional pitch of public opinion either, which is getting amplified through social media platforms.”
He emphasized that judges have to be mindful of the fact that the noise thus amplified is not necessarily reflective of what is right and what the majority believes in. The new media tools that have the enormous amplifying ability are incapable of distinguishing between right and wrong, good and bad, and the real and fake, he added.
He stressed that for the judiciary to apply checks on governmental power and action, it has to have complete freedom. “And the importance of the judiciary should not blind us to the fact that the responsibility of safeguarding constitutionalism lies not just on the courts,” he noted.
He said the judiciary is the primary organ that is tasked with ensuring that the laws which are enacted are in line with the Constitution. “The Supreme Court has held this function to be a part of the basic structure of the Constitution, which means that the Parliament cannot curtail the same,” he added.