Former CJI NV Ramana: Diverse Opinions, Viewpoints Are Essential For Judiciary And Democracy

Former Chief Justice of India NV Ramana, on September 4, while delivering the Capital Foundation Lecture at the India International Centre, said that sustainable and responsive growth was the key towards an inclusive and equitable future.

Having demitted office as the Chief Justice of India, Ramana went on to speak about the Supreme Court of India, its history and the challenges faced by it.

Speaking about the Emergency, Ramana said that the 1960s and 1970s may be remembered as the most challenging periods in modern Indian history.

"Two wars, a liberation movement, nationalization of banks and general insurance companies, devaluation of the rupee and declaration of emergency, etc., marked the turbulent times of a young democracy. This era saw the tussle between the Parliament, which tried to maintain its primacy, and the Supreme Court trying to uphold constitutional supremacy," noted the former Chief Justice of India.

Emphasising on the role that was played by the judiciary, retired CJI Ramana said that Courts should be dispassionate institutions.

Retired Justice Ramana said that, "In the march of democracy, ideally, the people’s verdict is the only way of course correction. But in certain situations, it is expected that courts will play the role of or supplant the opposition. This leads us to the larger question. What is the role, relevance and scope of the Constitutional courts?"

Ultimately, Ramana said, it was the people’s faith and trust that needed to be maintained. He stated that any institution that did not enjoy public confidence was of no relevance to society.

Acknowledging the importance of diversity of opinion, Ramana said that an institution speaking in one voice will not be a sign of a healthy democracy.

"Like every other sphere, diverse views and viewpoints are essential for the judicial institution, and democracy," Ramana noted.

While underlining the role of the Chief Justice of India, former CJI Ramana said that the role of Chief Justice called for leadership and long-term vision for the institution.

Former CJI said, "I commend my predecessors for carrying this institution this far, and I have faith that my successors will take it to new heights. In the growth of the Indian judiciary, lies the growth of the Indian democracy."

He spoke about the rising population and the resultant rise in litigation to be one of the biggest challenges ahead and noted that the judiciary needed to be equipped to face the challenges emerging on a day-to-day basis. 

Ramana said that as a nation, we could not stay in denial of the fact that hunger, poverty, illiteracy, and social inequity were still a reality for millions of Indians.

He underscored that, "Today’s India reflects dual realities- on one side there are high rise buildings, while on the other side people still reside in slums where children sleep in hunger. When we are aiming for the space, moon and mars, we should not forget the little stars struggling on the streets, slums, hamlets and villages. The disparity in the sharing of resources and the dividend of growth needs to be reduced. Issues from nutrition to immunization and affordable medication need to be addressed. Lack of affordable and accessible healthcare affects all age groups in the country.  The larger issue is fulfilling the basic needs of the present generation and continue working towards the needs of the future. The needs of those who are at the bottom of the pyramid cannot be overlooked."

Ultimately, in the epilogue, the former CJI said that as responsible citizens, we must push ourselves to be part of the solution, not the problem.

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