New Delhi:
Chief Justice of India Justice Sanjiv Khanna today said the role of judiciary is directly linked to democracy and underscored that it has been made possible only by the guidelines laid out by the constitution. Speaking on the occasion of the 75th constitution day, the Chief Justice dubbed the constitution as a “living, breathing document”.
The role of a judge is “often likened to walking on a razor’s edge,” he said, explaining that every judgement given “requires balancing competing rights and obligations” and has to be a “zero sum game”.
“It inevitably creates winners and losers, inviting celebration from some and criticism from others. It is this duality that invites scrutiny into the functioning of the courts,” he added.
“For some, the Constitutional Courts of India are among the most powerful in the world. For others, we are straying from our constitutional duties-sometimes by failing to challenge the status quo or in resisting the transient popular mandate of the electorate,” he said.
The Constitution, he said, protects the judiciary from the shifts of the electoral process. It ensures that decisions are fair and free from whims.
“As the custodian of fundamental rights, the judiciary is working from the lowest level to the highest level. We are bound by our constitutional duty. At the same time, we are also open and transparent. With this, our focus is public interest, protection of their rights. We are also accountable to the public. We are also aware of our autonomy and accountability,” he said.
Justice Khanna said while administration of justice is the firmest pillar of governance, “each branch of the government is… a related actor which works in a degree of separateness”.
“There is interdependence, autonomy as well as reciprocity. Each branch must honour its constitutionally assigned distinct role while nurturing inter-institutional equilibrium. When properly understood, judicial independence serves not as a high wall but as a bridge – catalyzing the flourishing of constitution, fundamental rights, and governance framework,” he added.
