How To Make The Legal System Inclusive? CJI Chandrachud Has Answers

In order to make the legal system more engaging for marginalised and deprived sections of society, we need more representation for women in the higher judiciary, according to the Chief Justice of India, D Y Chandrachud. Speaking at the 100th-year celebration of Bhimrao Ambedkar’s law practice, CJI Chandrachud appealed to judges of the Supreme Court, high courts and senior advocates to help achieve Ambedkar’s dream for equality in all walks of life by making the legal landscape of India more inclusive.

CJI Chandrachud expressed concern for more inclusivity of women in the higher judiciary, noting that this cannot be remedied overnight as the selection of judges has to be done from the available, limited pool. Elucidating this, the CJI said that in several states, at the district level, over 70-80% of fresh recruits were women but they remained under-represented in higher judiciary. But there is hope, he said, adding that the issue would be discussed and steps taken to increase the available pool in the next 10-15 years.

About Time Changes Are Made

Supreme Court Judge B R Gavai mirrored the CJI's points, saying that Ambedkar's dream of an equal society had not been achieved yet and added that it was time to pledge to put in all efforts to achieve political and social equality.

CJI D Y Chandrachud noted some of the ways in which our legal system is less accessible and approachable to all sections of society. “CLAT examination, which is the bedrock for entering the legal profession, is entirely conducted in English. Now, with the very fact that the medium of examination is in English, we are making our profession urban-centric and wholly and completely biased against those who come from rural or marginalised backgrounds," the CJI revealed.

The CJI added, “Bringing social justice to the marginalised is not the project of the marginalised alone. Just like bringing gender justice is not a project only for women but it is a project for all of us. In that sense, I think we are all reforming ourselves and healing ourselves in our effort to heal society.”

Right To Approach Courts Is For All

CJI Chandrachud said that the right to approach court is the heart and soul of the Constitution, adding that every case and every court in the country is an extension of constitutional governance.

“Sometimes, we, as a society, may frown on litigation as a disreputable entanglement. But, just as the Constitution allows us to resolve our political differences through established institutions and processes, our court system helps resolve our many disagreements through established principles and processes. In this way, every case in every court in the country is an extension of constitutional governance,” CJI Chandrachud stated. 

The CJI noted that no citizen should be afraid of approaching the law or view it as a last resort in case of any dispute. He also stated that the Indian legal system is constantly evolving to make the Constitution and system more citizen-centric, with space for every person to be recognised,