The CJI further said, “Judiciary must be independent as to

The CJI further said, “Judiciary must be independent as to

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The CJI further said, “Judiciary must be independent as to
the internal matters of judicial administration including the assignment of cases to judges within the court. Who should hear which case should not be decided by anybody except the judiciary.”
“You cannot say the executive will choose its judges.
Judiciary must have complete freedom in assigning as to who would be the judges who will decide a case,” he said.
Referring to Article 144 of the Constitution, he said that it itself mentions all authorities in the country must act in aid of the judiciary.
“There is no option for statutory or non-statutory authorities except to fall in line. Judiciary is a guard who is always on the lookout like a watchman. Keeps its eyes open, that is the role judiciary plays against a tyrannical regime.” “This country has seen many ups and downs. Over the past 60-70 years, we have seen judgements full of situation in which the executive has gone far beyond its legitimate sphere.
If you have to protect the citizens against tyrannical regimes,
you need a judiciary. The entire chapter on Fundamental Rights will be rendered meaningless without an independent judiciary.
“Principle of independence of judiciary was not meant for personal benefits of judges but was created to protect humans against abuses of power,” the CJI said.
He said that everything is regulated under Constitution and appointment of judges is no exception.
“The Supreme Court has had many occasions to interpret this provision of appointment of judges. The much-maligned collegium system has also been evolved while interpreting this provision,” he said.
“If you talk of independent judiciary, you cannot have a judiciary which will depend on the executive for discharge of its functions. Judiciary must have complete freedom to decide who should be the judge to hear a matter,” the CJI said.
He said that issue of promotion of judges must be based on objective factors and the question of accountability of judges on ethical and professional behaviour must be dealt by a fully impartial organ ensuring due process of law.
“If the proceedings against judges are taken up by the politicians or bureaucracy, it would seriously infringe upon the independence of the judiciary,” he said.
Thakur also said that the judiciary is a “guardian” of the rights of the people and government has to respect judgements given by the judiciary.
He also advocated for complete separation of judiciary from the executive.
Besides Thakur, veteran journalist Kuldip Nayar also addressed the gathering. PTI RRT ABA RKS
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