NEW DELHI: Chief Justice of India N V Ramana on Saturday said that the Constitution provides for separation of power among the three organs of the state, and while discharging duty, one should be mindful of the 'Lakshman Rekha'.
"Constitution provides separation of power among three organs and the harmonious function between these organs strengthens democracy. While discharging our duty, we should be mindful of the Lakshman Rekha," said the Chief Justice.
He lamented that decisions delivered by courts are often not implemented by government for years together leading to contempt of court petitions piling up in court, reports Bar and Bench.
Such defiance by the government is overburdening the court, the CJI opined. He was speaking at a joint conference of Chief Ministers and Chief Justices of High Courts presided by Prime Minister Narendra Modi. The government, the CJI pointed out, is the biggest litigant in courts accounting for 56 percent of the cases.
He also highlighted the lack of procedural fairness when it comes to arresting individuals and probing cases. The key to good governance is "abiding by law and constitution", and if the police probes are conducted in a just manner, and illegal arrest and custodial torture comes to an end, the number of cases would drastically decrease.
"However this is often ignored and opinions of law department is not sought in the rush to implement executive decisions. Role of special and govt pleaders in court needs urgent remedy," the CJI said
Likewise, public interest litigation petitions are used to settle political scores, stall projects and presssurise public authorities, the CJI said. Due to the misuse of PILs, courts are now wary of entertaining PILs, he said.
The CJI batted for Indianisation of justice delivery system which, according to him, is a multidimensional concept. "By Indianisation, I mean increasing accessibility by moulding the system to suit the needs and sensibilities of the Indian population," the CJI said.
Urgent attention shall be given to the judicial infrastructure, the CJI said while highlighting the plight of "lady advocates" and female clients due to shortage of infrastructure.
"The environment of some district courts is such, even lady advocates feel apprehensive about entering court rooms, let alone female clients. Courts, being temples of justice, should be welcoming and carry the requisite dignity and aura," the CJI said.
