CJI D.Y. Chandrachud: Judges Uphold Independence In Judiciary, Support Government Administratively

Chief Justice of India D Y Chandrachud on Monday asserted that on the judicial side, Supreme Court and HC judges work with the 'fiercest sense of independence', but when it comes to the administrative side, they stand together with the government.

Speaking after laying the foundation stone of the Bombay High Court’s new complex on land allotted by the Maharashtra government in Mumbai’s upscale Bandra area, he noted the mega project was a collaboration between the state and the judiciary to provide modern infrastructure to citizens.

Stones from the existing British-era HC building in south Mumbai are to be included in the foundation.

Chief Minister Eknath Shinde, deputy CMs Devendra Fadnavis and Ajit Pawar, senior Supreme Court judges and HC Chief Justice D K Upadhyaya attended the ceremony.

CJI Chandrachud said even though it is time for a new fitting home for the Bombay HC, the existing 150-year-old heritage structure is not going anywhere and would always be there for everyone to visit for inspiration and solace.

Supreme Court Judge Abhay Oka, who has served at the Bombay HC in the past, on the occasion said the existing structure should always remain with the judiciary.

CJI Chandrachud, expressing gratitude to the state government for strengthening the shared commitment by allotting the land expeditiously, opined that the priority should now be to construct the complex in a time-bound manner, while ensuring the safety and security of the existing building which will continue to operate in the interim.

He emphasised the foundation stone laying ceremony celebrates the spirit and collaboration of all stakeholders.

"Let us all be clear and let's not be befuddled by our vision. On the judicial side, judges across the Supreme Court and High Courts exercise their functions with the fiercest sense of independence. But when it comes to the administrative side, 'the infrastructure and budgeting', we stand together with the government. We stand together because our mission is one and the same," the CJI noted.

These are not private projects for judge or lawyers, but for the country's citizens, he told the gathering.

"Let there be no doubt at all -- 'I have no doubt in my mind' -- that this sense of collaboration between the state and the judiciary is in the interest of providing modern infrastructure for our citizens," CJI Chandrachud affirmed.

He pointed out that the current HC building, existing since August 1862, hosts one of the busiest courts in the country, but there was a need for a change.

"This 150-year-old beauty hosts one of the busiest courts. This is no small feat. Successive governments, the bar and the bench have put in tireless efforts to keep it running safely and effectively. However, we cannot deny the inevitable. Our cherished old friend is slowly yielding to time," the CJI noted.

"The writing is on the wall and it is time for a fitting new home for the HC. Rest assured the heritage building is not going anywhere. It is always there for us to visit," he maintained.

Referring to 2001 hit Hindi film 'Dil Chahta Hai' starring superstar Aamir Khan, the CJI pointed out that its popular song's lyrics 'Hum hain naye, andaz kyon ho purana' (we are new, why should our style be old?) resonates on this historic day.

"Let me give an ode inspired from the song 'Koi kahe kehta rahe' from iconic movie Dil Chahta Hai. I am a bit inspired because the HC building moves a little closer to Bollywood at least physically (Bandra is home to several top actors)," the CJI remarked.

"The lyrics 'Hum hain naye andaz kyon ho purana' resonate deeply as we embark on this new chapter. As we move to the new HC with a 'naya andaz' we will build on the values, the ideas and the rich legacy of our fore parents of the court while embracing innovation and progress," he said.

Justice Oka, in his address, said there is some apprehension about what would happen to the existing structure.

"I am expressing my personal opinion in the presence of senior political leaders -- ¦even if the HC building is shifted, the present building must remain with the HC. The building was constructed 150 years ago for the judiciary, and it must remain with the judiciary," he maintained.

The apex court judge emphasized the need to start construction of the new structure at the earliest.

"In fact, the first deadline should be before November 2025 when SC Justice B R Gavai, originally from Maharashtra, would be the Chief Justice of India," Justice Oka noted.

Justice Gavai called for prioritizing construction of the new building and said it would host several amenities not just for judges and lawyers, but also for litigants.

CM Shinde and his deputy Fadnavis said while initially there was apprehension on part of lawyers about shifting of the HC complex to Bandra, with the new coastal road (connecting south Mumbai to western areas), that has gone away.

Shinde said, "Our cabinet works on a fast track. We pass proposals immediately. We will always work towards strengthening the judiciary." The government has said possession of 30.16 acre of land will be handed over to the HC in a phased manner, adding the first tranche measuring 4.39 acres has already been given.

The HC, currently located in a majestic building near Hutatma Chowk (formerly Flora Fountain), exercises jurisdiction over Maharashtra through the Principal Seat in Mumbai and benches at Nagpur and Aurangabad (Chhatrapati Sambhajinagar) as well as Goa. It also exercises jurisdiction over the Union Territories of Dadra and Nagar Haveli and Daman and Diu.