At a time when the judiciary knows it is facing a test of credibility not only because of its slow delivery mechanism, Allahabad high court Chief Justice D.Y. Chandrachud put things in a larger perspective while extensively quoting the renowned economist Amartya Sen. His comments on niti (laws) being different from nyay (justice) should ring a warning bell, particularly when the country is facing a crisis of confidence as reflected in the sharp debate on dissent. The Kanhaiya Kumar issue is indeed a cause célèbre, calling for the administration of justice to interpret the laws in tune with contemporary needs and challenges.
Laws laid down ages ago, especially the one on sedition based on interpretation of dissent as passed down by the British in the colonial era, need to be applied with a clear understanding of what life is like today when a healthy debate is vital in a democracy. This is where the role of the judiciary becomes crucial as the state invariably overreaches when it so much as perceives a threat, as in dissent expressed innocently enough in student debates. The judiciary must be proactive in containing the establishment’s tendency to go off the mean.
The practical part of the challenge facing the judiciary now, as conveyed by Chief Justice of India T.S. Thakur, is even more relevant. The number of pending cases in just the 24 high courts might touch one crore this year. The CJI’s offer for the Supreme Court to work on Saturdays reveals the seriousness of the problem where delayed justice denies nyay while making the niti meaningless. Lawyers must respond to the CJI’s call.
