A rare interface between the executive and judiciary in Delhi this past week gained national attention mainly for the observations made by Chief Justice of India, Justice NV Ramana. Among other things, he asserted that the higher judiciary, the last word on contentious matters, will not come in the way of good governance – or governance done “in accordance with law.” He told the inaugural session of the joint meeting of chief ministers and high court chief justices that it is also important that both executive and judiciary did not cross the Lakshman Rekha – the sacred dividing line between the roles of the two major arms of Indian democracy.
What must be admitted is that both the executive and judiciary more or less do not cross this dividing line, also as strong public disapproval will follow in such an eventuality. The nation is alert. At the same time, there often are feelings that the judiciary is standing in the way of speedier growth of the nation. Rules are rules; but interpretation is where problems arise. Freedom of individual is paramount as per the Indian Constitution. But a question is whether this stretches to a level wherein one individual or group can stall a major developmental initiative of the government by citing his or her rights. There are many instances of a highway project or similar projects getting stalled for years due to stay obtained by individuals or groups against land takeover or against demolitions. The promise by the CJI that the judiciary will not stand in the way of good governance must be seen in this context.
Prime Minister Narendra Modi who addressed the meeting stressed that justice must be easy to get and judicial decisions should be made without delay. He also spoke about the sad plight of 3.5 lakh under-trial prisoners, mostly coming from the disadvantaged or poor sections languishing in different jails of the country for many years. The PM should know the scenario has only worsened in the past eight years of his rule. Crores of cases are pending in courts indefinitely for long years. Most cases are dragged for up to 10 or 20 years. Those even from well-off families can ill afford the expenses and the waste of time fighting cases unendingly. There is no guarantee that justice will ultimately be delivered in one’s own lifetime. Exhortations from the pulpit alone cannot change things for the better. Modi has just two more years to complete his second successive term. He skirted the cause of judicial reforms. There is little to expect from him or this government in the coming few months, anyway.
