"State machinery has a duty to be committed to the rule of law and demonstrate its ability and willingness to follow the rules it itself makes, for its actions to not transgress into the domain of 'governmental lawlessness'.Supreme Court
These words were recorded by a Supreme Court Bench led by Justice Chandrachud while addressing the appalling working conditions of trial courts in our country. The court was commenting on how the judiciary should be immune from political pressures and considerations.
The court recognised "governmental lawlessness" as one of the threats to keeping the judiciary immune from political pressures. It said that a judiciary that is susceptible to such pressures allows politicians to operate with impunity and incentivizes criminality to flourish in the political apparatus of the state.
The duty lies on the state machinery to ensure that its practices do not flout the principles of the rule of law. Therefore, the court categorically highlighted that the state shall be committed to the rule of law and demonstrate its ability and willingness to follow the rules it itself makes.
Colonial Mindset Towards the Lower Judiciary Must Change
The apex court firmly observed that the colonial mindset - which has neglected the concerns of the lower judiciary - must change. The court was hearing a plea where it was alleged that an Additional Sessions Judge in Madhya Pradesh who was hearing the case of Congress leader Devendra Chaurasia's murder had faced harassment.
While taking note of the harassment allegations, the Supreme Court remarked that trial court judges work in "appalling conditions".
Lack of infrastructure, inadequate protection, examples of judges being made targets when they stand up for what is right and sadly, a subservience to the administration of the High Court for transfers and postings which renders them vulnerableSupreme Court
While noting that there are no reasonable grounds to doubt the anguish and concerns of a judicial officer, the court said that the independence of the of the district judiciary is "cardinal to the integrity of the entire system" as it is the first point of interface with citizens.
If the faith of the citizen in the administration of justice has to be preserved, it is to the district judiciary that attention must be focused as well as the higher judiciary.Supreme Court
There Can't Be Dual Legal Systems
Emphasising on the need to focus on the independence of lower judiciary and ensuring safe working environment to the judicial officers, the court reiterated that there can't be "dual legal systems in our country".
The court was of the opinion that the process of justice should be same for everyone as Article 14 of the Constitution ensures equal protection of law to all citizens.
India cannot have two parallel legal systems, "one for the rich and the resourceful and those who wield political power and influence and the other for the small men without resources and capabilities to obtain justice or fight injusticeSupreme Court
Therefore, the court noted that existence of a dual legal system will only chip away the legitimacy of the law.
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