Prez asks judges to exercise utmost discretion in courtroom remarks

President Ram Nath Kovind has said that justice gets further strengthened if the three institutions of the state namely, judiciary, legislature, and executive are in harmonious existence. He was addressing the valedictory function of the Constitution Day Celebrations organized by the Supreme Court of India on Saturday. He complimented the Indian Judiciary for the achievement that people repose faith in the judiciary. Kovind added that it is incumbent on the judges to exercise utmost discretion in their utterances in the courtrooms. He said that indiscrete remarks even if made with good intention give space for dubious interpretations to run down the judiciary. Quoting a quote what Justice Frankfurter of the US Supreme Court said in the 1951 case Dennis versus United States, he said: “Courts are not representative bodies. They are not designed to be a good reflex of a democratic society. Their essential quality is detachment, founded on independence. History teaches us that the independence of the judiciary is jeopardised when courts become embroiled in the passions of the day, and assume primary responsibility in choosing between competing political, economic and social pressures.”
The President said: “It pains me no end… to note that of late there have been cases of some disparaging remarks against the judiciary made on social media platforms.”Kovind hoped to see increased access to legal aid and advisory services for all. He said that it can take the form of a movement or a better-institutionalized mechanism. He also highlighted the issue of long pendency of cases, gender balance in the judiciary and spoke about appointments in the judiciary. He noted with pain some cases of disparaging remarks against the judiciary made on social media platforms and hoped that this is an aberration and would be short-lived.

In his address at the valedictory event, the CJI referred to pendency of cases, and said: “Legislature does not conduct studies or assess the impact of the laws that it passes. This sometimes leads to big issues.” Justice Ramana also said “rebranding the existing courts as commercial courts, without creating special infrastructure, will not have any impact on the pendency”.
Law Minister Kiren Rijiju said there was a need to balance fundamental rights with fundamental duties. He said several people trampled on rights of others for their own rights, adding that it must be discussed why a law passed by Parliament or Assembly could not be implemented because some sections feel it affects their rights.