Tuesday, 21 August, 2018

SC must be subject to constant scrutiny: Justice Chelameswar

SC begins hearing Judge Loya's death case Independent judiciary a must for survival of democracy: Justice Chelameswar
| 24 January, 2018, 08:47

In words that appeared to be a reiteration of what he had said in his stunning press conference over a week ago, Supreme Court Justice J. Chelameswar on Monday said that for the survival of a liberal democracy, an impartial and independent judiciary is essential.

"The enormous jurisdiction which the Supreme Court is conferred by the Constitution, coupled with the eagerness of the court to do complete justice created a huge amount of arrears on this court".

Speaking at a book release function, Justice Chelameswar said those interested in improving the institution have to keep analysing the failures and achievements of the top court on a constant basis to improve its functioning.


Showing concern over the huge backlog of cased pending in the Supreme Court Chelameswar said that we need to find a solution if we want the institution to remain relevant.

Let it be known that Chelameswar is one of the four Supreme Court judges who had held an unprecedented press conference on January 12.

Justice Chelameswar was asked questions to comment on the judicial crisis affecting the Supreme Court at a book launch function, which was also attended by politicians such as Salman Khurshid, Jairam Ramesh and advocate Prashant Bhushan. At least, the text of the Constitution does not provide for such superintending power. The Supreme Court has by and large been acting as an and people can now approach the court for any grievance. "Judges now-a-days take lot of matters which they can not decide in out lifetime". However, he said, in practice, it exercises much superintendence - in the appointment and transfer of judges and by laying down the law regarding various aspects of administration of justice at the high courts and subordinate courts. "This problem was real", he later said. A backlog which, it appears to me, is nearly impossible to be cleared. (It) is a matter for examination and concern for all those who are committed to this institution. "Solution is imperative and the solution has to be found if the institution is to survive", he said, pointing out that number of pending cases has crossed 55,000.

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