Chief Justice of India, NV Ramana, on Wednesday delivered the 17th Justice PD Desai Memorial Lecture and spoke about how the rule of law would become illusory if controlled by the legislature or the executive.
In his speech, he said that the mere right to vote might not be a guarantee against the tyranny of the elected and underscored that ‘criticism and voicing of protest are integral to the democratic process" and any law backed by a sovereign must be tempered by tenets of justice.
Besides, the CJI warned the high pitch campaigns on social media that may affect institutions including the judiciary. Here are the highlights of what CJI Ramana said in his Rule of Law speech.
“Right to change the ruler need not be a guarantee against tyranny”
In his speech, chief justice of India, NV Ramana said that it has long been understood that the right to change the rules once every few years is insufficient to protect against tyranny.
“The idea that people are the ultimate sovereign is also to be found in notions of human dignity and autonomy. A public discourse, that is both reasoned and reasonable, is to be seen as an inherent aspect of human dignity and hence essential to a properly functioning democracy,” said CJI Ramana.
Powerful and independent judiciary
Judiciary is the primary organ that ensures the laws are in accordance with the Constitution. Describing the significance and role of the judiciary, Justice Ramana said, “For the judiciary to apply checks on governmental power and action, it has to have complete freedom. The judiciary cannot be controlled, directly or indirectly, by the legislature or the executive, or else the Rule of Law would become illusory.”
Social Media may affect institutions
Warning about the effects of social media, CJI said that judges must not be persuaded by emotional public opinions that are magnified through social media platforms. “Judges must keep in mind that the noise that has been amplified is not always reflective of what is right or what the majority believes in.”
Further, he said that social media has the enormous amplifying ability, however, are incapable of differentiating right from wrong, good from bad and real from fake.
Citizenry of Democracy has a role to play
CJI Ramana said people of a democratic nation have the right to participate in the creation and refinement of laws that govern them. “We live in a democracy. The very essence of democracy is that its citizenry has a role to play, whether directly or indirectly, in the laws that govern them.”
Government should evaluate itself
“Despite facing inequalities, illiteracy, backwardness, poverty and ignorance by the government of the nation, citizens have proved themselves to be intelligent.”
“Now, it is the turn of government to evaluate themselves, whether they are fulfilling the constitutional mandate.”
Coronavirus Tests
As coronavirus continues to wreak havoc in several parts of the world, CJI said that it is time that "we must pause and ask ourselves as to what extent we have employed Rule of Law to ensure the safety and well-being of our citizens.”
“I do not intend to provide an evaluation of the same. Both my office and my temperament prevent me from doing so. But I began to feel that this pandemic might yet be a mere curtain-raiser to much larger crises in the decades to come. Surely we must at least begin the process of analysing what we did right and where we went wrong,” said CJI Ramana.
‘Laws must be clear and accessible’
In order to want people to obey the law, people must be ought to know what the laws are. Justice Ramana said, “There cannot be secretive laws, as laws are for the society.”