The Chief Justice of India (CJI) DY Chandrachud on Monday said that independence of the judiciary does not mean that judgments must be delivered always against the government.
The Chief Justice who is due to retire from office on November 10, while speaking at the Indian Express Adda said that with the advent of social media, several "pressure groups" have emerged, who would cry foul if a matter was not decided as per their interests.
CJI Chandrachud also made a reference to his electoral bonds verdict and said: "When you decided electoral bonds, 'Oh, you are independent!' But if a verdict goes in favour of the government, then you are not independent. That is not my definition of independence," CJI Chandrachud said.
The CJI said that judicial independence means independence not just from the government but also from such pressure groups and interest groups. He further added that the court's role is not that of a "political opposition."
The CJI explained that traditionally, judicial independence was defined as independence from the executive.
"Independence from the judiciary even now means independence from the government. But that is not the only thing in terms of judicial independence. Our society has changed. Particularly with the advent of social media, you see the group of interest groups, pressure groups, and groups which are trying to use electronic media to put pressure on the Courts to arrive at certain outcomes. What you increasingly find is that a lot of segments of these groups say, well, 'if you decide in my favour, you are independent. If you don't decide in my favour, you are not independent.' That's what I have an objection to. To be independent, a judge must have the independence to decide what their conscience tells them, of course, the conscience which is guided by the law and the Constitution," CJI Chandrachud said.