Unelected judges have vital roles to play: CJI Chandrachud
New Delhi (PTI): Chief Justice of India D Y Chandrachud has said judges, though not elected, have a very vital role to play because the judiciary has a "stabilising influence" in the evolution of societies which are rapidly changing with technology.
He was responding to the most common criticism that unelected judges should not venture into executive's domain. He made the observations while speaking in the 3rd Comparative Constitutional Law discussion co-hosted by the Georgetown University Law Center, Washington and the Society for Democratic Rights (SDR), New Delhi on the topic - 'Perspectives from the Supreme Courts of India and the United States'.
"I believe that judges have a very vital role to play though we are not elected. We don't go back to the people every five years to seek their votes. But, there's a reason for that... I do believe that the judiciary, in that sense, is a stabilising influence in the evolution of our societies, particularly in something like our age which is so rapidly changing with technology," the CJI said.
The judges are the voice of something which must subsist beyond "the vicissitudes of time" and the courts have the ability to provide stabilising influence in the societies.
"I do believe that we have a role to play in the overall stability of our own civilizations, our own cultures, particularly in the context of a plural society, such as India," he said.
As part of a cultural and social background, the CJI said that the courts have become focal points of engagement between civil society and the quest for social transformation.
"So, people approach the courts, not just for outcomes. Let's be very clear, people approach the courts also for a voice in the process of constitutional change...," he said.
This is a complex question and there are several reasons as to why people come to courts more often, he said.
"It is very important for courts... because we are as many institutions of governance... of course there is the principle of the separation of powers. We don't take upon ourselves the role of the legislature or we don't take upon ourselves the role of the executive," he said.
The courts are becoming places where people come in order to give vent to the expression for the society which they aspire to achieve, he said.
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Karnataka Lokayukta to register case, probe Bowring wall collapse
Bengaluru (PTI): Karnataka Lokayukta Justice B S Patil on Thursday took serious note of the compound wall collapse at Bowring and Lady Curzon Hospital in the city that killed seven people, and announced registration of a case on its own while warning of action against officials found responsible.
The Lokayukta, who visited the site and conducted an inspection, expressed strong displeasure over the incident and questioned the inaction of authorities, even as police and emergency teams had earlier rushed to the spot to rescue victims trapped under the debris following heavy rain, strong winds and a hailstorm on Wednesday evening.
“I will now register a suo motu case. This is not just about this one incident — such incidents must not occur anywhere in the state or the city in the future,” Justice Patil told reporters.
Seven people, including a six-year-old girl, were killed and seven others injured when the compound wall collapsed as rain-battered victims had taken shelter near it, according to police. The victims included people from Kerala who were in the city on a study tour.
Calling for systemic accountability, the Lokayukta said, “Dilapidated buildings and weakened compound walls, especially in areas with public access, must first be identified. They must either be repaired, demolished, or rebuilt.”
He added that responsibility would be fixed on officials of the BBMP and the concerned departments.
Justice Patil said that hearings would be conducted and preventive action initiated, while also probing those responsible for it, how the incident could have been prevented, and why it was not prevented.
A Scene of Crime Officers (SOCO) team and a Forensic Science Laboratory (FSL) team also inspected the site, while police cordoned off Kovil Street to facilitate the probe.
Deputy Chief Minister D K Shivakumar said the government had initiated measures following the rain-related incidents and stressed preparedness.
“Since last night we have initiated measures regarding the rains. When it rains heavily, we must be prepared, and we are working towards that,” he told reporters here.
On the wall collapse, Shivakumar said, “I will not directly blame any officials. It was an old wall, and trees had grown alongside it. Due to that pressure, it collapsed.”
The Deputy CM said instructions had been issued to identify such vulnerable structures and clear areas around them, including relocating street vendors.
Karnataka Medical Education Minister Sharan Prakash Patil said a technical assessment had been ordered.
“This is a very serious matter. Innocent people have been affected. We are issuing directions to the engineers to find out why this compound wall collapsed and to assess its structural strength,” he told reporters after inspecting the spot.
The Minister noted that the wall was ‘very old’ and required thorough examination to prevent recurrence.
Speaking to reporters, Congress president Mallikarjun Kharge asked the Karnataka government to take precautions to ensure that incidents like the collapse of the Bengaluru government hospital compound wall, which caused loss of life, should not repeat.
Meanwhile, addressing a press conference, Shivajinagar MLA Rizwan Arshad said the collapse raised questions about construction and maintenance practices.
“If a wall collapses within 25 years of its construction, it needs to be examined -- whether there was any technical issue, or if anything was altered inside, weakening it. All this can only come out through a technical investigation,” he said.
The Congress MLA also called for wider structural audits across the city, stating that all such structures, whether private or government, must be audited.
He urged citizens to support victims, saying it was a collective responsibility in times of crisis.
