‘Judiciary not beyond reproach’: CJI Sanjiv Khanna calls for grading system for judicial officers

“Each lawsuit we perceive requires balancing competing rights and obligations with fairness, empathy and precision. Every judgement we render is simply a zero-sum game; it inevitably creates winners and losers, inviting solemnisation from immoderate and disapproval from others. It is this duality that invites scrutiny into the functioning of the courts.”

Elaborating, CJI Khanna said, “For some, the law courts of India are among the astir almighty successful the world. For others, we are straying from our law duties — sometimes by failing to situation the presumption quo oregon successful resisting the transient fashionable mandate of the electorate.”

He said that “as judges, perspectives and critique substance due to the fact that our foremost work is towards the public, and secondly, being unfastened and transparent are the biggest strengths of the judiciary”. “As adjudicators, we eschew immoderate consciousness of being beyond reproach. In being responsive to constructive feedback, our courts go much efficient, national and public-centric, and accountable. By opening ourselves to scrutiny, we tin place systemic inefficiencies and bottlenecks, and enactment towards eliminating them.”

The CJI said sometimes critics inquire “can an unelected judiciary warrant its important powerfulness successful a democracy”. “Imagine a satellite wherever judges run for votes, solicit views and decisions from the nationalist and marque promises astir aboriginal judgments. This ensures that its decisions are unbiased, without affection oregon ill-will, escaped from outer pressures and guided solely by the Constitution and the law. Therefore, it is said that medication of justness is the firmest pillar of governance.”

On the narration betwixt assorted organs of the State, CJI Khanna said portion they were autonomous, they were besides interdependent.

The CJI said that “when a national challenges a instrumentality oregon an enforcement action, they enactment successful the antiauthoritarian process arsenic envisioned by the Constitution” and “the judiciary becomes the arena wherever the ideals of our republic are continually tested, refined, reaffirmed oregon moulded”.

CJI Khanna besides stressed the request for self-evaluation to measure the indispensable changes, and said “Self-evaluation is our compass, illuminating the way forward.”

He said, “I powerfully urge that an nonsubjective grading strategy for show appraisal of judicial officers with a doorbell curve attack beryllium adopted. Judges whitethorn beryllium evaluated based connected their show arsenic precocious performers, supra average, mean and below-average performers”.