Public trust is central to judiciary, says CJI D.Y. Chandrachud

Judges must be insulated from public opinion and shun populist decision-making, but must still inspire public trust, CJI says; accessibility and transparency in everyday interactions with the court are crucial, he adds

Chief Justice of India D.Y. Chandrachud has said that public trust and legitimacy are central to judicial credibility even as judges must shun populist decision-making.

“Populist decision-making sits rather uncomfortably on the sinewy shoulders of judicial independence,” the Chief Justice Chandrachud said, adding that courts require public trust, which is fundamental to a thriving constitutional order.

“Public trust is central to the credibility of the judicial branch which is otherwise insulated from public opinion in its operations - as it must be. Yet our insulation from public opinion which is intrinsic to our independence, provides a crucial need and justification for ensuring public trust in our functioning,” he said in his recent address on ‘Judicial Legitimacy through accessibility, transparency and technology: the Indian experience’ at the Bhutan Distinguished Speakers’ Forum/Jigme Singye Wangchuck Lecture series.

‘The people’s court’

The Chief Justice was highlighting the unique position of judges, whose credibility depends on maintaining a necessary distance but at the same time serving the public.

“We deal with the problems of daily life of our citizens. Having their trust is hence crucial to our work. To discharge that trust we must place our feet in their shoes, understand their lived realities and find solutions within their universe of existence. The Indian Supreme Court prides itself in being the people’s court,” he said.

‘Everyday interactions’

The Chief Justice said “public trust blossoms in the everyday interactions with the courts”.

“Not only judicial decisions but also the roads leading up to them, must be transparent, navigable by everyone with or without a legal education and must be broad enough to accommodate everyone,” he said.

Chief Justice Chandrachud said that “institutional trust is determined by the experience of individuals”.

“Language of the law and courts, distance between the litigant and the courts and familiarity with Court processes are important determinants of accessibility of courts to the people. Linguistic differences, physical inaccessibility, and complex procedures often exercise an alienating influence on the people and erode public trust,” he explained.

Published - October 12, 2024 08:23 pm IST