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Chief Justice of India Sanjiv Khanna's address on Constitution Day eloquently highlighted the complex and often precarious position of the judiciary within a democratic framework. His analogy of a judge's role as 'walking on a razor's edge' perfectly encapsulates the inherent challenges in balancing competing interests and upholding the rule of law. Every judgment, he emphasized, necessitates a careful weighing of rights and obligations, resulting in a 'zero-sum game' with inevitable winners and losers. This inherent duality inevitably invites both praise and criticism, underscoring the constant scrutiny faced by the judicial branch.
The Chief Justice acknowledged the contrasting perspectives on the Indian judiciary. While some perceive it as one of the world's most powerful, others question its effectiveness in challenging the status quo or responding to popular opinion. This tension, however, is precisely what the Constitution aims to mitigate. By shielding the judiciary from the ebb and flow of electoral politics, the Constitution seeks to ensure that judicial decisions are founded on fairness and impartiality, rather than swayed by transient popular mandates. This independence is paramount in safeguarding fundamental rights and upholding the principles of justice.
Justice Khanna's emphasis on the judiciary's role as the custodian of fundamental rights underscores its crucial position within the broader governmental structure. He highlighted the commitment of the judiciary to operate transparently and accountably, from the lower courts to the Supreme Court. This commitment to accountability, however, doesn't negate the importance of judicial independence. The Chief Justice emphasized the delicate balance between autonomy and accountability, arguing that judicial independence, when properly understood, acts not as an isolating barrier but as a bridge fostering a strong constitutional framework, safeguarding fundamental rights, and promoting effective governance.
The administration of justice, he rightly pointed out, forms the bedrock of good governance. However, this doesn't operate in isolation. Each branch of government—the judiciary, executive, and legislature—interacts with and influences the others, while maintaining its own distinct role and responsibilities. This interdependence and reciprocity necessitates a nuanced understanding of each branch's constitutional mandate. The Chief Justice stressed that each branch must respect its designated role and maintain a balance with the others to create an effective system of governance. This approach, he proposed, contributes to the overall health and functionality of the democratic system.
In conclusion, Chief Justice Khanna’s statement offers a nuanced and insightful perspective on the Indian judiciary. It highlights the inherent challenges, responsibilities, and crucial role of the judiciary within a functioning democracy. His emphasis on the balance between accountability and independence underscores the need for ongoing dialogue and understanding of the judiciary’s position within the broader context of Indian governance. The continuing debate about the judiciary's role and its relationship with other branches of government reflects the dynamic and evolving nature of Indian democracy, highlighting the importance of upholding its foundational principles.
Source: Role Of Judge Like Walking On Razor's Edge: Chief Justice Khanna