Can’t Have One Legal System For Rich And One For Poor: Supreme Court
The Supreme Court also directed that an enquiry into the apprehension expressed by the Additional Session Judge be conducted within a month.
New Delhi, July 21, 2021: India cannot have two parallel legal systems, one for the rich and resourceful and those who wield political power and the other for “small men” without resources and capabilities to access justice, the Supreme Court said on Thursday.
The Supreme Court also said the “colonial mindset meted out to the district judiciary” must change to preserve the faith of citizens and stated that judges are “made targets when they stand up for what is right”.
The Supreme Court made these crucial observations while cancelling the bail granted to Madhya Pradesh BSP MLA’s husband, who was arrested in over two-year-old murder case of Congress leader Devendra Chourasia.
An independent and impartial judiciary is the cornerstone of democracy and it should be immune from political pressures and considerations, the Supreme Court said.
“India cannot have two parallel legal systems, one for the rich and resourceful and those who wield political power and the other for small men without resources without capabilities to gain justice.
“The existence of dual system will only chip away the legitimacy of the law. The duty also falls on the state machinery to be committed to the rule of law,” the Supreme Court said.
A bench of Justices DY Chandrachud and M R Shah said district judiciary is the first point of interface with the citizens.
“If the faith of citizens in the judiciary is to be preserved, it is the district judiciary on which attention must be focused,” the bench said.
The Supreme Court said trial court judges work amidst appalling conditions, lack of infrastructure, inadequate protection and there are examples of judges being made targets when they stand up for what is right.
“The colonial mindset meted out to the district judiciary must change, it is only then that civil liberties for every citizen, be it accused victim or civil society, will be meaningfully preserved in our trial courts which are first line of defence for those who are being wronged,” the bench said.
The Supreme Court said function of the judiciary as an independent institution is rooted in concept of separation of powers.
Individual judges must be able to adjudicate disputes in accordance with law unhindered by any other factors and for that reason independence of judiciary and of each judge is a must, the bench said.
Independence of individual judges also encompasses that they are independent of their superiors and colleagues, it said adding that our constitution specially envisages Independence of district judiciary which is mentioned in Article 50.
