‘Judiciary not beyond reproach’: CJI Sanjiv Khanna calls for grading system for judicial officers

“Each case we hear requires balancing competing rights and obligations with fairness, empathy and precision. Every judgment we render is a zero-sum game; it inevitably creates winners and losers, inviting celebration from some and criticism from others. It is this duality that invites scrutiny into the functioning of the courts.”

Elaborating, CJI Khanna said, “For some, the constitutional courts of India are among the most powerful in the world. For others, we are straying from our constitutional duties — sometimes by failing to challenge the status quo or in resisting the transient popular mandate of the electorate.”

He said that “as judges, perspectives and critique matter because our foremost duty is towards the public, and secondly, being open and transparent are the biggest strengths of the judiciary”. “As adjudicators, we eschew any sense of being beyond reproach. In being responsive to constructive feedback, our courts become more efficient, citizen and public-centric, and accountable. By opening ourselves to scrutiny, we can identify systemic inefficiencies and bottlenecks, and work towards eliminating them.”

The CJI said sometimes critics ask “can an unelected judiciary justify its significant power in a democracy”. “Imagine a world where judges campaign for votes, solicit views and decisions from the public and make promises about future judgments. This ensures that its decisions are unbiased, without affection or ill-will, free from external pressures and guided solely by the Constitution and the law. Therefore, it is said that administration of justice is the firmest pillar of governance.”

On the relationship between various organs of the State, CJI Khanna said while they were autonomous, they were also interdependent.

The CJI said that “when a citizen challenges a law or an executive action, they participate in the democratic process as envisioned by the Constitution” and “the judiciary becomes the arena where the ideals of our republic are continually tested, refined, reaffirmed or moulded”.

CJI Khanna also stressed the need for self-evaluation to assess the necessary changes, and said “Self-evaluation is our compass, illuminating the path forward.”

He said, “I strongly recommend that an objective grading system for performance assessment of judicial officers with a bell curve approach be adopted. Judges may be evaluated based on their performance as high performers, above average, average and below-average performers”.