SC 'fallible but its decision is final'
The statement comes in the midst of a raging debate over powers of judiciary, reports Satya Prakash. Speak up...india Updated: Nov 15, 2006 01:15 IST
Observing that no institution was infallible, Chief Justice of India YK Sabharwal on Monday said the Supreme Court need not always be correct even though its word was final.
"The Supreme Court’s decision is final not necessarily because it is right. Every human being, every institution has limitations. No institution is infallible. But since we are final, we are called Supreme," the CJI said in reply to a school child’s question during a function here. The child had sought to know why the Supreme Court was supreme.
The CJI and his 21 brother judges interacted with about 50 school children including those from Sanskriti, Delhi Public School and Udayan Care Home on Children’s Day in a first of its kind function organized by National Legal Services Authority (NALSA) in the court premises.
The Children asked questions ranging from child rights to the problems of child labour, begging and violence against children and the CJI answered them all to their satisfaction and amusement.
Justice Sabharwal said “all of use have come together to ensure that children’s rights are protected…Not all children are as fortunate as those present here…We expect them to be.” The CJI emphasized the need for concerted efforts for the upholding child rights.
To a question about ensuring access to the Judicial System, Justice Sabharwal said
“Equality is the heart of the Constitution. Access to justice will come by spreading awareness, both about the rights and the remedies. Various organizations are doing their best to make justice available to all. It has to be accessible to all.”
On the role he expected the children to play in the protection of child rights, he said “You are the future of this nation. Today’s programme is dedicated to the underprivileged particularly those who are disabled and the girls.”
On the practice of child labour, the CJI said the Supreme Court has issued various directions on the issue but a lot more needed to be done. He noted that in some cases child labour was practiced out of compulsion.
Justice Sabharwal said that committees were set up right from the taluka level to the state level to check violence against children. If we treat children as friends, this violence will definitely go, he added.
Some of the children complained that they did not get enough time to interact with the judges and that the atmosphere was too formal.