'Judiciary can't be averse to criticism': CJI Kant
What's the story
Chief Justice of India (CJI) Surya Kant has said that the judiciary should not shy away from criticism and must be open to examination. Delivering the sixth Ram Jethmalani Memorial Lecture, he stressed the need for transparency and public trust in the legal system. He said, "The judiciary, as an institution, is not, and cannot be, averse to criticism."
Transparency importance
Courts must share reasoning behind decisions: CJI Kant
CJI Kant said transparency goes beyond open courtrooms and public hearings.
He stressed that the reasoning behind judicial decisions should be open to examination.
"A court that announces its verdicts but keeps its reasoning to itself has not really been transparent, whatever else it may have done," he said, emphasizing that courts must be willing to share their reasoning with those affected by their decisions.
Trust vs approval
Public trust vs public approval
The CJI also made a distinction between public trust and public approval.
He said courts don't earn trust by being liked or delivering desired outcomes.
Instead, trust comes from people believing that even if they lose cases, the process was fair.
"It earns trust when the people who lost, who wanted an entirely different result, still walk away believing that the process which decided against them was a fair one. That is...far more valuable," he said.
Research reference
Fairness more important than winning in earning courts' legitimacy
CJI Kant also referred to legal scholar Tom R Tyler's research on why people obey the law.
He said those who lose cases but feel the process was fair retain confidence in the justice system.
"Winning, it turns out, is not really what buys a court its legitimacy, but fairness of process is," he said, underscoring that fairness is more important than winning in earning a court's legitimacy.
Historical reference
CJI traced principle of justice being seen to be done
The CJI traced the principle that justice must not only be done but also be seen to be done to a 1924 English judgment in R v. Sussex Justices.
He said this case still serves as a reminder that public perception matters in maintaining confidence in the legal system.
"A hundred years on, that case is still why we judge a decision by more than whether it was right," he said.
Media caution
CJI cautioned against confusing transparency with media scrutiny
The CJI also cautioned against confusing transparency with media scrutiny.
He said intense media attention can lead to unfair public perceptions of trials.
"A courtroom thrown wide open to a press with sympathies of its own is not quite the same thing as a courtroom that is truly just," he said, highlighting that true transparency requires more than just media coverage.