NAMRATA CHOUDHARY & RUCHITA VERMA
SIDDHARTHA LAW COLLEGE, DEHRADUN
(First Published on Volume 01 Issue 02, July 2016)
Born on 4th January 1952, Justice T. S. Thakur was elevated to be the 43rd Chief Justice of India. He previously was Chief Justice of Delhi High Court. Since 17thNov. 2009 he has been an acting judge of Supreme Court. Justice Thakur has been serving Indian legal system, a way back from 1972 were he was first enrolled as a pleader. He started his carrier under the chamber of his father Late Shri Devi Das Thakur.
The oath ceremony of the dynamic personality took place on 18th Nov. 2015, administered by President Pranab Mukherjee.
Destiny had decided no straight road rather full of hurdles for the Judge as no sooner he was sworn as the CJI and very challenging matters came forward like:
Polarized intolerance debate, tussle between parliament and judicial supremacy as to appointment of judge and many more. Thakur unlike his predecessor who kept themselves away or refused from commenting on many issues, he like a fearless lion was not hesitant to speak or act which was required for fulfilment of the duties of a CJI.
There were many instances and incidents where Justice Thakur proved out that he is different from other Judges and candid in communicating with media and press.
Being of the year 2016 was amidst the controversy if the odd and even formulae to be applicable or not. Affirming to AAP govt. proposal he said:
“If a judge of Supreme Court can pool cars (with brother Judges), it sends a message to the people that we have no problem,” he told reporters. “We can walk down or even take a bus.”
Justice Thakur by this invited a wrath of self-appointed critic of the judicial system. These statement was criticized all over.
Later, where the weapon of intolerance was used all over by media and politics to play of the tornado in the Indian society leading to the many conflicts and violence, he said:
“We are capable of protecting the rights of all sections of the people. It is our responsibility. Rule of law and constitutional guarantees are enshrined. Rights of people be it be citizen or non-citizen shall be protected and there is nothing to fear.”
The above words soothed the environment of the intolerance and put the same to an end.
When on being asked by the reporters on bad Judges he said:
“We will be intolerant towards deviant behavior and allegations of corruption and cleanse the institution. The system must react to what is not acceptable. We should not remain quiet on what is not acceptable.”
There are many more instances where a revolutionized mindset of Justice Thakur could be witnessed. No only on the behalf of above-mentioned statements of the man, but many more it could be aptly said that he is a man of different thinking and he has his own prism to view society, law and other perspectives.
The above incidents have already brought Justice Thakur under the spot light, but the incident when he broke down and asked for justice for litigants and judges while addressing a conference of chief minister and high court judges in presence of the PM brought out his heart in front of everyone.
Chief Justice of India T.S. Thakur there in sought urgent action to appoint more judges to resolve millions of pending cases across the country and inspire confidence among foreign investors that the government is trying to attract.
The Chief Justice, known to be tough on judicial pendency, exhorted the legislature to “rise to the occasion” for the development of the country and stressed that the entire burden of pending cases cannot be shifted to the judiciary.
Thakur added in an emotional speech.
“We want people to come and Make in India, we want people to come and invest in India. But those who we are inviting are also concerned about ability of judicial system in the country to deal with the cases and disputes that may arise out of such investments,”
Thakur quoting the remarkable capacity of the Indian Judges as a judge in India on an average handles 2,600 cases a year compared with 81 cases on an average that nine judges in the US Supreme Court handles every year. Not only is this he said that pendency has plagued in Indian judicial system and the same because of deficient number of judges.
The emotional speech at the conference moved the Prime Minister to the extent that he would try to resolve the issues and invited the chief justice along with some of his colleagues for discussions with the government. Overwhelmed PM went on adding that:
“If Thakur Sahab is comfortable and there are no constitutional limitations”, he would want the government and the CJI’s team to sit together, discuss and find solutions to the problems.”
He said in he had said in a choked voice who was seen wiping his eyes on three occasions while addressing the inaugural session of Joint Conference of Chief Ministers and Chief Justices of High Courts.
“Then comes inaction by the government as the increase (in the strength of judges) does not take place, therefore, it is not only in the name of a litigant or people languishing in jails but also in the name of development of the country, its progress that I beseech you to rise to the occasion and realise that it is not enough to criticise. You cannot shift the entire burden on the Judiciary,"
These words of Justice Thakur moved people whether associated with law or not to the depth of their hearts. He eloquently touched the most demanding need of the time and was praised all around for his sincere efforts to improve and maintain the dignity of Judiciary.
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