While discharging our duty, we should be mindful of 'Lakshman Rekha': CJI

New Delhi: Chief Justice of India (CJI) N V Ramana on Saturday said the Constitution provides separation of power among the three organs of the state and while discharging duty, one should be mindful of 'Lakshman Rekha'.

Speaking at the Joint Conference of Chief Ministers and Chief Justices of High Courts, Ramana said deliberate inaction by governments despite judicial pronouncements is not good for the health of democracy.

Prime Minister Narendra Modi inaugurated the joint conference.

"The Constitution provides separation of power among three organs and the harmonious function between three organs strengthens democracy. While discharging our duty, we should be mindful of Lakshman Rekha," he said.

Voicing concern over misuse of PILs, the CJI said it has now turned into "Personal Interest Litigation" and is used to settle personal scores.

The CJI also dispelled the apprehensions that the proposed body aims at usurping the powers of any government and shared that National Judicial Infrastructure Authority would have representation from all the stakeholders, including the representatives of the Central and state governments.

"It must however be acknowledged that it is the judiciary which best understands its own needs and requirements. Hence, the present proposal aims to bring infrastructure development under the supervision of special purpose vehicles to be headed by respective chief justices, and involve the representatives of the central and state governments," the CJI said.

He expressed his concern over the state of judicial infrastructure, saying that the environment of some district courts is such that even women advocates feel apprehensive about entering, and emphasised that the courts, being temples of justice, should be welcoming and carry the requisite dignity and aura.

"I am of the firm belief that judicial infrastructure, both in terms of personnel and physical infrastructure, needs urgent attention.... There is a severe gap between the existing infrastructure and the projected justice needs of the people. The environment of some district courts is such, even lady advocates feel apprehensive about entering courtrooms, let alone female clients," the CJI remarked.

He expressed his unease about the governments being the biggest litigants by accounting for nearly 50 per cent of the cases before courts and added that while the judiciary is often blamed for the pendency, there is a huge workload on the judges.

He asserted that often litigation is triggered because of non-performance by various wings of the executive and the legislature not realising its full potential, which are avoidable burdens on the judicial system, and observed if the authorities discharge their duties properly, the citizens need not approach courts.

He stated that deliberate inaction by the governments in spite of judicial orders is not good for the health of democracy and results in contempt petitions which are a new category of burden on the courts and emphasised that abiding by the law and the constitution is key to good governance.

"I am aware that there are certain concerns with the judicial system also, with regard to timely delivery of justice and pendency. Pendency is often blamed on the judiciary... But a keen look at the websites of the courts will give you an idea about the huge workload on judges. The number of cases filed and disposed each day is unimaginable," he stated.

In his address, CJI Ramana identified a few contributing factors for the docket explosion and shared that ambiguities in legislations and the executive willingly transferring the burden of decision making to the judiciary increase the judiciary's burden.

"Although policymaking is not our domain, but if a citizen comes to the court with a prayer to address his grievance, the courts cannot say no," he said.

"It is beyond my understanding as to why intra and inter-departmental disputes of the government or fights between PSUs and the government end up in courts. If service laws are applied fairly in matters of seniority, pension and so on, no employee will be compelled to go to court. It is a well-acknowledged fact that the governments are the biggest litigants accounting for nearly 50 per cent of the cases," the CJI said.