Chief Justice of India D.Y. Chandrachud on March 17, 2023 said the Supreme Court preferred talks with the government for more land to provide lawyers office space over using its judicial power, which may lead to “disquiet”.
The flexing of judicial powers by the top court may convey the impression that the judiciary was trying to “bulldoze” the government to expand its own needs.
A Special Bench of Chief Justice Chandrachud, Justices SK Kaul and PS Narasimha said it would be better for the administrative side of the top court to approach the government for land rather than involve the judicial arm through formal court orders.
The Bench was hearing a plea by the Supreme Court Bar Association (SCBA) for more land for office space in the vicinity of the Supreme Court complex.
SCBA president, senior advocate Vikas Singh, even referred to how alternate land has been given to the nearby Foreign Correspondents Club.
Chief Justice Chandrachud reacted by asking Mr. Singh “how can we take over the different institutions around us? Yes, lawyers are part of our institution. If we start using our own orders to protect our own institution, it will lead to disquiet. It will give an impression that the Supreme Court is using its judicial powers to expand its own needs”.
Justice Kaul said the SCBA’s needs can be put forward as an administrative proposal.
“Yes, lawyers have a need. But trust the court to take up this matter on the administrative side… We cannot use our judicial power to bulldoze the government,” Chief Justice Chandrachud observed.
Justice Narasimha said it would be more beneficial for lawyers to allow administrative dialogue to happen rather than insist on judicial orders from the court.
“The government takes our proposals on the administrative side very seriously. For example, in the e-courts project, the government gave ₹7000 crore without a single culling. We engage constantly with the government on the administrative side,” the Bench informed the lawyers. It finally reserved the case for orders.
