Justice Chelameswar made his first public appearance after retaliating against the Chief Justice of India with three of the top Supreme Court judges. Chelameswar spoke at the launch of the book Supreme Court of India – The Beginnings. He was quoted saying, “I believe, and I am sure, each one of those present in the gathering believe that for the survival of a liberal democracy, an impartial and independent judiciary is essential, without which, I don’t think, liberal democracy can flourish.”
Chelameswar talked about this book written by late Professor George H. Gadbois Jr from the University of Kentucky. The Justice said, “This book… made a study of the foundations of the Supreme Court of India, the functioning of the approximately the first two decades of its existence. Those of us who are interested in sustaining and improving the institution for the welfare of the people of this country need a greater study for the remaining period. This must be an ongoing process. You must constantly keep analyzing and examining, how exactly the institution is functioning, and what are all the achievements and what are all its failures. It is a matter, which requires constant examination.”
In the book, various aspects of the Supreme Court are discussing, referring to this Justice Chelameswar said, “The Supreme Court of India is not a superintending court over the entire judiciary of this country. At least, the text of the Constitution does not provide for such superintending power. But in practice, the Supreme Court exercises a great deal of superintendence. Directly, the matter of appointment and transfer of judges of the high courts. Of course, indirectly, by laying down the law regarding various aspects of the administration of justice at the high courts and subordinate court levels in the country.”
Showing concern towards the huge backlog of cases at the Apex Court, Chelameswar stated, “The enormous jurisdiction the Supreme Court is conferred by the Constitution, coupled with the eagerness of the court to do complete justice, created a huge amounts of arrears in the court, which is about 50,000-60,000 cases. A backlog which, it appears to me, is almost impossible to be cleared. I am sorry to say this…. (It) is a matter for examination and concern for all those who are committed to this institution. The solution must be found if the institution has to remain relevant. The requirement for having a solution is imperative. The research work, like the book in hand, would go a long way to provide necessary material to find solution to the problem.”
Just ten days ago, four of the topmost judges in the Supreme Court held an unprecedented press conference. At the conference, the judges questioned the misuse of power by CJI Dipak Misra.
