Former CJI UU Lalit. file | Photo Credit: PTI
Former Chief Justice of India UU Lalit said that the judiciary has faced instances of interference and challenges, but dealt with these appropriately to ensure its independence.
He said that a flourishing democracy must have an independent judiciary as it is through dispute resolution that society is assured of governance by the rule of law. “Judiciary is facing various challenges today,” he asserted, “therefore, we have to stand strong as a judicial fraternity… We should not succumb to all kinds of pressure, attacks or interference must be tolerated.”
Speaking at a seminar on ‘Independent Judiciary: Crucial for a Vibrant Democracy’ organized by the India Chamber of Commerce in Kolkata on Saturday evening, he said there are instances of court decisions subject to executive interference, but proper methods to ensure these has been dealt with. Independence of Judiciary.
The former CJI said that the qualities of independence of judiciary are objectivity in dispute resolution, objectivity in action, reasonableness and absolute integrity.
Observing that “the fort never falls from within”, the former CJI said that this is the expression with which the district judiciary has to be guarded.
Shri Lalit said that the District Judiciary is not under anyone’s control except the High Court in the State.
“All their postings, promotions, appointments and even transfers should be done only on the recommendation of the High Courts,” he added.
There should be no outside interference in the functioning of the judiciary, he said, adding that several articles in the Constitution ensure that there is no interference in the functioning of each judge or the judiciary in general.
“One way to ensure the independence of the judiciary is to create an environment where those responsible for the discharge of judicial functions have a sense of complete independence and lack of interference from any agency,” he said.
The former CJI said that the shoulders of the judiciary are strong enough to deal with any kind of external attack.
Supreme Court judge Justice Hima Kohli said that the independence of the judiciary is not just a principle but a moral imperative.
He said, “The relevance of an independent judiciary cannot be overstated, especially in a country like ours which is not just a democratic republic, it is described in the constitution as a sovereign, socialist, secular and democratic republic.” Has been done.”
Justice Kohli said that in order to discharge its constitutional duties, the judiciary must be independent and impartial.
“It must be free from any external and internal influence,” he said, adding that judicial independence is not only an aspect of the fundamental rights of citizens, but also an essential condition for maintaining a vibrant and democratic social order.
He said that the independence of the judiciary has been upheld by the Supreme Court in many historical cases.