Nominated Chief Justice of India Uday Umesh Lalit They believe that the proportion of female judges has increased significantly in the 75 years since independence as more women consider judicial careers acceptable.
Justice Lalitaspeaking to Hindu Said on Sunday, ‘The picture may change in the next 10 or 15 years. Today we are completing 75 years of independence, perhaps when we complete 100 years, the proportion of women in the judiciary will be completely different.
Reacting to the raising of the retirement age of judges from 65 to 67, Justice Lalit said, “We came here to the bench because our predecessors had retired at the age of 65. So, it is inter-generational equity… It is for the MPs to decide”.
“Virtual courts have opened up new frontiers and blurred the geographical boundaries”, the CJI-nominee said.
Justice Lalit said the collegium headed by Chief Justice of India NV Ramana, of which he is a part, made 255 recommendations to the high courts in 11 months.
Interview excerpts:
‘Women find judicial career acceptable’
Do you think the retirement age of Supreme Court judges should be increased from 65 to 67 years?
We came here on the bench because our predecessor had retired at the age of 65. Hence, it is inter-generational equity. If we stay here, maybe the next generation of judges won’t be made early on the bench… It’s a matter of policy, which MPs have to decide.
Do you think the court needs more women judges?
Yes absolutely. Ethics is changing. Recently, I went to an event to induct new judges in Rajasthan. About 190 of them 129 were women. Again, in Odisha, in a similar incident, 65% of the new judges were women. The percentage of women judicial officers is increasing. Women find judicial career acceptable. Today if you think about the first 100 judges of high courts, there are not more than 10 women. The picture may change in 10-15 years. Hopefully, today we are completing 75 years, maybe when we complete 100 years, the ratio (of women judges) will be different.
The Supreme Court has recently been vocal on the “indiscriminate” use of arresting powers by law enforcement agencies. Does the criminal justice system need a rethink?
Once a court is considering it, we should not comment. Theoretically, if you want to relax certain conditions or say that individuals should not be arrested in certain situations, it is normal for the legislature to do so. For example, under section 437 (CrPC), women, children, infirm or old persons are taken as a special category, where your general reasoning or conditions should be relaxed and the balance amount in favor of these persons. Must be inclined. It is not that Parliament has not taken note of it. Parliament knows about it, is aware of it.
Criticizing the conduct of judges on social media or electronic media?
Everything can be discussed on the floor of the House except the conduct of the judge. Except when the impeachment motion is taken up for consideration in the Parliament. There are two compartments – ‘Judge Compartment’ and ‘Judge Compartment’. Any criticism about the validity or correctness of a decision is welcome. It strengthens the institution, the process of law and the administration of justice. Criticizing the conduct of the judge does not strengthen the institution, is not good for the society. Anyone who criticizes a decision should make a line, not an exaggeration. No judge can answer. He suffocates in the face of criticism.
Should the death penalty be removed from the law?
Constitutionally, the death penalty is permissible provided the standards laid down in the Bachan Singh judgment are followed. It is the endeavor of every court to see whether each case is covered in exceptions or not. As a judge, I cannot say that the death penalty should not be given. I will see if the facts justify the death penalty.
On a virtual court system?
Virtual courts are opening new frontiers. The boundaries have blurred. Madras High Court lawyers can appear in the Supreme Court any day. It is opening new avenues. This is a welcome idea.
On the work of the collegium in filling judicial vacancies?
The collegium, headed by Chief Justice of India NV Ramana, which included me and Justice AM Khanwilkar, made 255 recommendations to the high courts in the last 11 months. This is one third of the total number of High Courts. If the responses are quick and immediate and if there is aptitude and talent, there will be no delay.