Chief Justice of India (CJI) Sanjiv Khanna, addressing the 75th Constitution Day celebration, described the role of a judge as “walking on a razor’s edge.” He highlighted the constant balancing act judges face in delivering judgments that weigh competing rights and obligations.
“The role of a judge is often likened to walking on a razor’s edge. Each judgment requires balancing competing rights and obligations. It inevitably creates winners and losers, inviting celebration from some and criticism from others. This duality invites scrutiny into the functioning of the courts,” he stated.
Perception of Constitutional Courts
Justice Khanna acknowledged the contrasting views on constitutional courts. While some view them as the most powerful judicial bodies in the world, others criticize them for straying from constitutional duties or challenging the status quo. He emphasized that the Constitution safeguards the judiciary from political shifts, ensuring fair and rational decisions.
Accountability and Public Interest
Underscoring the judiciary’s responsibilities, the CJI remarked:
“As the custodian of fundamental rights, the judiciary works across all levels, bound by constitutional duty. We operate transparently with a focus on public interest and the protection of rights. At the same time, we remain accountable to the public while maintaining our autonomy.”
Separation of Powers
Justice Khanna reiterated the importance of the separation of powers among the branches of government. While acknowledging the interdependence of the legislative, executive, and judiciary, he stressed that each must fulfill its distinct constitutional role without overstepping its boundaries.
Judicial Autonomy Amid Political Criticism
Justice Khanna also noted the challenges of judicial accountability and autonomy amid criticism. His comments echoed those of his predecessor, who remarked that courts cannot play the role of the opposition.
Justice Khanna assumed office on November 11, succeeding Justice DY Chandrachud. His tenure began amidst political commentary, with criticisms aimed at the judiciary following election results in Maharashtra. Justice Khanna’s speech reinforced the judiciary’s commitment to constitutional values and public trust.
