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The Supreme Court is with the people to protect civil liberties: CJI Ramana

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Justice Chandrachud the flag of intolerance.

Chief Justice of India (CJI) NV Ramana affirmed on Saturday that the Supreme Court would stand by the people to protect their civil liberties, while Justice DY Chandrachud warned that any appearance of majority tendencies or blow to civil or religious liberties would broke a sacred promise made to the ancestors who recognized India as their Constitutional Republic.

The judge noted that the danger to our freedoms can not only come from those who have a duty to govern, but also from the intolerance of persons in society as well.

The CJI said the people of India knew that when things went wrong, the Supreme Court, as the protector of the greatest democracy, would stand by them.

The Chief Justice said that the Constitution, together with the extraordinary trust of the people in the judicial system, brought to life the motto of the Supreme Courts Yato Dharma Stato Jaya. That is, where there is dharma, there is victory, he explained, in his keynote address to a global audience at the 2021 Indo-Singapore Intervention Summit hosted by the Singapore International Intervention Center, Arbitration and Intervention Practice CAMP and the Mantras of Intervention.

Singapore Chief Justice Menares congratulated Court President Ramana on his recent appointment as Chief Justice.

Court President Ramana said conflicts were inevitable in any society for a variety of reasons, including political, economic, social, cultural and religious.

But with the conflicts, there was also a need to develop conflict resolution mechanisms, the CJI stressed.

India and many Asian countries have a long and rich tradition of cooperative and friendly dispute resolution, said the Chief Justice.

The CJI received a leaflet from the Mahabharata to express its opinion that peace through friendship was better than violence.

The Mahabharata, in fact, provides an example of an early mediation effort as a means of resolving conflicts. Lord Krishna tried to mediate in the dispute between Pandava and Kaurava. It may be worth remembering that the failure of mediation led to catastrophic consequences, said Court President Ramana.

The Chief Justice said it was useless and excessive to blame depend on the court delay. An issue raised 24 hours ago was added to the often cited trend statistic of 45 million issues.

The term remorse is used to refer to all cases that have not yet been resolved, without any reference to how much time the case has spent in the judicial system … This, then, is not a useful indication of how good, or poor, a system is doing, noted Chief Justice Ramana.

The CJI said one of the main reasons for the delay was the luxury court case.

This is a specific type of court case where the parties with resources try to disrupt the judicial process and delay it by initiating numerous proceedings throughout the judicial system … Undoubtedly, the prevailing pandemic has also contributed to our problems, explained the President of the Court Ramana.

Another reason may be the large number of cases.

This may need to be seen in the context that India is the largest democratic republic in the world. People believe in the constitutional project, of which the judiciary is a part. Judges in India, especially in constitutional courts, often burn midnight oil to meet the burden of judicial and administrative cases, said Court President Ramana.

The Chief Justice hailed the country’s legal aid program as an extraordinary achievement, which had provided easier access to justice for almost 70% of the population, especially the poor, women, children, minorities, the elderly and the disabled. .

The CJI referred to the impact of basic dispute resolution mechanisms (ADRs) such as Lok Adalats organized by legal services authorities.

Over 7.84 million cases were resolved by Lok Adalats in 2019 and 2020. Nearly 3.94 million cases were resolved in the pre-trial phase. This is despite the pandemic and was possible by building an efficient dispute resolution system in India, the CJI said.

He said ADR mechanisms such as mediation and conciliation were participatory.

ADR mechanisms enable the parties to become internal to a process that has traditionally treated them as foreigners … I have personally seen disputes that have existed for decades be resolved through the mediation process, within a short time, underlined the President of the Court Ramana .

The CJI highlighted the moral dilemma of mediators operating in the economically and socially diverse context of India.

Previously, they were expected to be only passive guides in the mediation process. But with more and more complex trade problems coming up for mediation, they were expected to provide active assistance, the CJI noted.

He asked questions to mediators operating in the context of an economically and socially diverse community.

What happens when one party is better off economically, socially and politically than the other? What is the task of a mediator if the solution reached is obviously unfair to the weaker party? Should the mediator be a silent spectator during such negotiations? These are just some of the questions to consider, especially in a country like India with our diverse social structure. The requirements of essential equality are the foundation of any Constitutional democracy and these ideals should be reflected in the process of resolving disputes, reminded the President of the Court Ramana.

Wholesale trends

In a special event to commemorate the 101st anniversary of the birth of his father and CJI YV Chandrachud with longer life, Justice Chandrachud, who will be CJI, stated: The tendencies of the majority, whenever and however arise, must be questioned against the background of our constitutive promise. Any appearance of authoritarianism, crackdown on civil liberties, sexism, casteism, alienation because of religion or region is breaking a sacred promise made to our ancestors who accepted India as their Constitutional Republic.

Our nation was forged and united, with a promise of some commitment and rights for every citizen. “A promise of religious freedom, a promise of equality between persons, regardless of sex, caste or religion, a promise of fundamental freedoms of speech and movement without unjust State interference and a lasting right to life and personal liberty,” he said. .

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