Chief Justice of India Sanjiv Khanna on Tuesday talked about the balancing act that every judge has to go through.
Speaking on the 75th Constitution Day, Justice Khanna said that being a judge is like walking on a razor’s edge.
“The role of a judge is “often likened to walking on a razor’s edge,” he said. He further explained that every judgement given “requires balancing competing rights and obligations” and has to be a “zero sum game”.
“It inevitably creates winners and losers, inviting celebration from some and criticism from others. It is this duality that invites scrutiny into the functioning of the courts,” PTI quoted Khanna as saying.
According to Justice Khanna, while some people think of constitutional courts as the most powerful in the world, others criticise them for ‘straying from constitutional duties’ and challenging the status quo. He said that the Constitution protects the judiciary from political shifts to ensure that its decisions are fair and rationally based.
The CJI’s words echoed with his predecessor, who said that the courts can’t play the role of the opposition.
“As the custodian of fundamental rights, the judiciary is working from the lowest level to the highest level. We are bound by our constitutional duty. At the same time, we are also open and transparent. With this, our focus is public interest, protection of their rights. We are also accountable to the public. We are also aware of our autonomy and accountability,” Khanna said.
Justice Khanna also laid emphasis on the separation of all the branches of the government. He said that while there is a degree of interdependence in the three wings of the state, each branch must uphold its distinct role and duties that are assigned by the constitution.
The blame game
Justice Khanna took over as the Chief Justice of India on November 11, the day his predecessor DY Chandrachud retired. Justice Chandrachud has faced criticism from the opposition parties, especially after the Maharashtra elections. Shiv Sena (UBT) leader Sanjay Raut blamed him for his party’s dismal performance after the assembly results.