NEW DELHI: Chief Justice of India (CJI) R M Lodha on Saturday asserted that independence of judiciary is non-negotiable and it has the inherent strength to foil any attempt to interfere with that.
Addressing a seminar organised by The Bar Association of India on the Rule of Law Convention, Justice Lodha said, “Judicial independence is essential for maintaining public confidence that there is an institution which would come to their aid and rescue in case of any wrong committed by the executive or anyone.”
The CJI’s remarks came against the backdrop of steps to end the collegium system of higher judicial appointments. Though Lodha said he won’t be making any direct reference to the law passed by Parliament. He said any effort to undermine the judiciary’s independence will not succeed. “I won’t speak on the issue (the Bill) but I would touch upon the issue of independence of judiciary which is very dear to me. It is one thing which is non-negotiable,” Justice Lodha, who is demitting office as CJI on September 27, said. “Having been a judge of High Courts and the Supreme Court for more than two decade, 21 years, I can say with confidence that judiciary has the inherent strength and no effort would succeed in taking away the independence of judiciary,” he said adding, “My experience is that by and large now people understand that judiciary is something whose institutional independence cannot be touched”.
“I am more than confident that independence of judiciary maintained by everyone and anyone for whom judiciary is dear at any cost and once it is maintained I am sure there would be strong rule of law as it is the independence of judiciary that leads to confidence in people’s mind that here is a judiciary that would come to their aid and rescue if there is wrong done by Executive or by anyone.”
Justice Lodha also referred to the Judicial Appointments Commission of the UK and said during his recent visit to London he was told that there was no change in the quality of appointments after the Commission was constituted five years back, but it had ensured transparency.
Minister of Law and Justice Ravi Shankar Prasad said, “The independence of judiciary is sacred and sacrosanct for the government.” Prasad said several members of the current Cabinet, including Prime Minister Narendra Modi, had their baptism in the famous JP Movement of 1970s that followed by the Emergency.
“We fought during the Emergency for three reasons -- individual freedom, media freedom and independence of judiciary,” he said.
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