New Delhi: CJI Surya Kant says courts must remain open to scrutiny

Chief Justice of India Surya Kant told an audience in New Delhi on September 14 that courts cannot earn public trust by shielding themselves from scrutiny.

Speaking at the sixth Ram Jethmalani Memorial Lecture, Justice Kant said fair, informed and constructive criticism of judicial functioning is legitimate and necessary in a constitutional democracy. “A court cannot seek the confidence of the public by placing itself beyond scrutiny; it must remain willing to be examined, questioned and, where necessary, criticised,” he said.

The CJI referred to the Supreme Court’s recent suo motu proceedings over references to “judicial corruption” in an NCERT Class 8 textbook. The court initially directed that the textbook be withdrawn, then closed the proceedings earlier this month after the chapter was replaced in an updated curriculum and recalled earlier findings concerning individual academicians.

Justice Kant said transparency requires more than open courtrooms and public hearings. People must also be able to examine the reasons behind a decision, including when they disagree with its outcome. He said public trust is built through people’s experience of the justice system, case after case.