As the new CJI, Justice Bobde’s task is to restate the independence of the Supreme Court | The Indian Express

As the new CJI, Justice Bobde’s task is to restate the independence of the Supreme Court | The Indian Express

Written by Dushyant Dave |Updated: November 6, 2019 9:33:46 am

The writer is a senior advocate and former president of the Supreme Court Bar Association

As the new CJI, Justice Bobde’s task is to restate the independence of the Supreme Court

Hopefully, the chief justice designate will dispel any wrong message sent to the judiciary and the nation in time to follow with his decisions and actions.

An independent and strong judiciary is a basic feature of the Constitution. Yet, the Court has allowed itself to be weakened. (Illustration by: C R Sasikumar)

The appointment of Justice Sharad Arvind Bobde as the Chief Justice of India (CJI) gives fresh hope to all the stakeholders in the administration of justice. It comes at a time when the Supreme Court’s standing amongst the people has greatly eroded. The Supreme Court has not only stopped being the protector of the fundamental and other constitutional rights, but has also failed to act as the guardian of the rule of law. Its role must be judged in the context of politically sensitive cases involving citizens, opposition parties, activists and executive actions in day-to-day governance. In these areas, the Court has virtually deferred to the executive instead of stepping in to restore constitutional rights and values in letter and spirit. The Court’s performance in routine matters, of course, is outstanding. But the independence of the judiciary is judged only on the touchstone of its decisions given in politically-sensitive matters.