In a series of recent pronouncements, Chief Justice of India (CJI) Sanjiv Khanna has asserted that matters of personal liberty must be prioritized by the courts, underscoring the judiciary's fundamental role as a protector of citizens' rights. This emphasis comes amid ongoing discussions regarding the balance between judicial responsibilities and the increasing caseload in the nation's courts.
CJI Khanna's statements echo previous sentiments expressed by his predecessor, Justice D.Y. Chandrachud, who had also stressed the importance of the Supreme Court's role in safeguarding personal liberty and fundamental rights. Justice Chandrachud had emphasized that the court exists to address every plea concerning these rights, highlighting that even seemingly minor cases can raise significant constitutional and jurisprudential questions.
The CJI's remarks are particularly noteworthy in light of recent observations about the high number of undertrials in Indian prisons. Data suggests that a significant percentage of prisoners are awaiting trial, a situation exacerbated by the hesitancy of lower courts to grant bail. CJI Khanna has acknowledged these concerns, noting that the principle of "bail, not jail" is not always upheld in practice. He has urged chief justices to ensure that practices that discourage the granting of bail are eliminated.
The Supreme Court's commitment to protecting personal liberty is rooted in the Constitution, which recognizes this right as precious and inalienable. The court has affirmed that it is its duty to remedy any wrongs when high courts fail to address citizens' pleas for freedom. This proactive stance reflects the understanding that intervention by the Supreme Court is based on sound constitutional principles.
This renewed focus on personal liberty comes at a time when the Supreme Court is dealing with a range of critical issues, including petitions related to religious places, the Citizenship Amendment Act, and marital rape. Despite a heavy workload, the CJI has made it clear that matters of personal liberty cannot be sidelined.
The emphasis on personal liberty also aligns with efforts to reduce case backlogs and improve the efficiency of the judicial system. By ensuring timely resolution of bail applications and prioritizing cases involving personal freedom, the courts can help decongest prisons and uphold the fundamental rights of citizens.
