Chief Justice D.Y. Chandrachud has recently emphasized that judicial independence doesn’t equate to consistently ruling against the government.
Speaking at an event in New Delhi organized by the Indian Express group, he noted that pressure groups are increasingly attempting to influence courts by leveraging electronic media for favorable outcomes.
CJI Chandrachud remarked that while judicial independence has traditionally meant autonomy from the executive branch, it now encompasses broader societal influences. He highlighted the changing landscape with the rise of social media, which has given rise to various interest groups that seek to pressure the judiciary for favorable decisions.
He pointed out a troubling trend where these groups define judicial independence based solely on whether judges rule in their favor. “If you do not decide in my favor, you are not independent,” he stated, expressing his concerns about this narrow interpretation.
For a judge to truly be independent, he stressed, they must have the freedom to make decisions based on their conscience, guided by law and the Constitution.
CJI Chandrachud shared his own experiences, noting that he was considered independent when he ruled against the government in matters such as the electoral bonds case.
He explained, “When you decide electoral bonds, then you are very independent, but if a verdict goes in favor of the government, then you are not independent… That is not my definition of independence.”
He concluded by asserting that judges must be allowed the flexibility to make decisions without undue influence, underscoring the importance of genuine independence in the judiciary.
As his tenure comes to an end on November 10, these reflections serve as a significant reminder of the challenges faced by the judicial system in maintaining its integrity amidst external pressures.
