KG Balakrishnan sworn in first Dalit CJI

Justice Konakuppakattil Gopinathan Balakrishnan has taken oath as the 37th Chief Justice of India (CJI) on Sunday, January 14, 2007.

He is the senior–most judge in the Supreme Court and the first Dalit ever to occupy the coveted post.

He was sworn in CJI at a ceremony at the Presidential Palace, New Delhi.

Justice Balakrishnan replaces Chief Justice Y.K. Sabharwal who retired on January 14, 2007.

Due to retirement on May 12, 2010, his term will be longer – about three years and four months – than that of the average span for a CJI, which is a little more than a year–and –a–half.

"Even though I am happy, I am highly conscious of the heavy responsibility," Balakrishnan said.

He said the court should stand by the side of the common man. However, this does not mean that it should be 'partial,' he said adding the courts should hear the voice of the poor.

Indian judiciary was highly reputed in the world for its independence and impartiality, he said, adding that he hoped to get the full cooperation from the legal fraternity.

Playing down the issue of Dalit presence in the judiciary, Balakrishnan chose to emphasize his accomplishments as a judge rather than his caste identity and merely asserted that his appointment would "give an impetus to the process of equality."

When asked about the current Dalit demands for justice and equality in society, Balakrishnan said that one reason behind it could be the lack of opportunities to "make both ends meet, lack of jobs, no land, nothing to fall back on."

"(Today), a government job is the only thing a Dalit can expect reservation in...that too is drying up," he said.

"The caste system is a reality, which gives birth to prejudices. Sometimes it is a disadvantage... Whatever you say, at least for some persons that inner prejudice is there. It is working in the mind. But I pray none of my judgments are clouded by those prejudices," he noted in a recent interview.

Balakrishnan, however, refused to comment on reservation though he himself hails from the Dalit community, saying it was an issue which had been come to the court time and again and he would be adjudicating upon it. "In view of this, I should not be commenting on it," he said, adding that the key question was one of "balancing the society."

In the past, several of Balakrishnan's rulings have had far reaching effects on society. It was he, as Chief Justice of the Kerala High Court, who pronounced the controversial judgment asking the Election Commission to debar political parties which impose strikes on the public.

"Forcible strikes by political parties have a bad effect on common people. You can see how patients, passengers and children suffer during strikes," Balakrishnan said in his ruling.

As a Supreme Court judge, he has headed the Bench in several important cases. Recently a three–judge Bench presided over by him dismissed a PIL filed by Bihar Deputy Chief Minister Sushil Kumar Modi against Railway Minister Lalu Prasad and his wife Rabri Devi in the fodder scam case.

Balakrishnan also declared as unconstitutional the practice of 'on the spot bail' by the Judges of the Punjab and Haryana High Court, holding that Judges cannot decide cases while performing administrative functions.

He was also part of the Constitution Bench that extended the concept of creamy layer to the reservation of SCs and STs in government jobs. The Bench would decide whether a split in a legislature party is a one–time affair or it can happen over a period of time in a staggered manner.

However, unlike his predecessor, Chief Justice Balakrishnan is not considered to be an activist judge.

He admitted that there was "judicial activism" in the country but stated that his views on it were different than perceived generally. In his opinion, judicial activism was in protecting the forest from depletion and stop illegal mining, on which the judiciary has done fairly well.

"There's a general feeling that courts are taking too much of an interest in certain matters, which could have been done by (the) local administration, some people might feel," he said, for which he suggested that judges must ensure a right balance and exercise powers with caution.

Before joining the apex court on June 8, 2000 as a senior judge, Balakrishnan was Chief Justice of the Gujarat High Court and then the Madras High Court.

Coming from a humble background, K.G. Balakrishnan was born in the village of Thalayolaparambu at Kottayam in Kerala on May 12, 1945 to Gopinathan and Sarada, in a family that laid a lot of emphasis on education for children.

After graduating in law from the Maharaja Law College in Ernakulam, he was enrolled as an advocate on March 16, 1968 in the Kerala Bar Council at Kochi, and practiced on the civil and criminal side.

On January 10, 1973, he was appointed munsif in the Kerala judicial service and promoted as assistant sessions judge on July 23, 1982.

After serving as deputy registrar (judicial) in the Kerala High Court, he was appointed an additional judge there on September 26, 1985. He became a permanent judge on July 11, 1986.

Balakrishnan was appointed Chief Justice of the Gujarat High Court on July 16, 1998. He became Chief Justice of the Madras High Court on September 9, 1999, before being elevated as a judge in the apex court.

Balakrishnan was formally appointed the next chief justice of India on 2 January 2007 by the Ministry of Law and Justice after President Dr. A.P.J. Abdul Kalam approved the appointment on 22 December 2006.

In wake of the recent judgments passed by the Supreme Court of India in the Ninth Schedule and cash–for–query cases which have drawn criticism from the Members of the Parliament, Balakrishnan has dismissed claims that the judiciary was encroaching on the domain of the legislature.

"I don't think there is any serious confrontation. It is not a serious problem. We are only concerned about the Constitution. So many political matters come before the court and they are decided on the basis of the legal principles," he said.

“(In the) decision–making process there is no confrontation but sometimes certain comments, some people may not like it, they then think there's confrontation," he said. "I feel that judges should be careful...I would like to do it (upbraiding an officer in the court, for example) in exceptional cases."

"Judges always speak through their judgments. If they call it judicial activism then it is a different matter. Let there be a (public) debate on it which is always better in democracy and something good will emerge from it," he said.

What appeared as confrontationist, he said, was merely part of the process of implementation of a judicial order. "Judges are not wilfully giving the impression (of being populist)...people deduce that," he said.

Though Balakrishnan refused to "welcome" the Judges Inquiry Bill introduced in Parliament to establish National Judicial Council (NJC) to probe the "misconduct" and professional "incapacity" of a Supreme Court and High Court judges, he added, "judges are not above board."

"There is no question of welcoming this. Let us see how they (government) do it," he said.

Balakrishnan also underlined that while he could not instruct fellow judges – as each exercises his/her judicial function – there could be a "particular direction." "We have to be very careful (about the exercise of our powers). Courts should not be at the receiving end. Powers have to be used very very carefully," he elaborated.

Dismissing criticisms from the Government that the judiciary is responsible for "stalling policy decisions," Balakrishnan said that the Supreme Court has given "impetus to many progressive decisions." This was a reference to the court's significant rulings on a range of reforms — from economic to environment, from business to politics.

Admitting that he was taking over as Chief Justice at a time when public faith in the judiciary was very high, Balakrishnan sounded a note of caution, "People have too much expectations from the Supreme Court, especially. Our burden is increasing...(but) many people do not know the limitations of the court or the judges."

"To justify the (public) expectation, we have to do a lot of things," he said. "People have to feel that the judiciary works, we have to work efficiently."

However, Balakrishnan has categorically rejected the demand for "quotas in the judiciary." "It is not a business of the Chief Justice to propose quota," he said.

Top priority would be given to speed up disposal of pending cases, particularly those relating to undertrials, senior citizens and old matters. "The Justice Malimath Committee recommendations will be implemented stage by stage to bring about reforms in the criminal justice system," he said.

Balakrishnan has also expressed concerns about the delay in decision making process which has resulted in a huge burden of pending cases.

"It is a very serious matter and has to be dealt on priority," he said, explaining an immediate need of creating more courts and appointment of additional judges in lower judiciary.

Priority would be given for resolving disputes through the Alternative Disputes Redress mechanism wherever possible to prevent clogging of cases at the magisterial level, he said, adding that his initial focus would be on ensuring honest people enter the judiciary.

"We have to carefully scrutinize the antecedents of judicial officers and block the way (of corrupt people) right at the entry level," he said.

Expressing displeasure with the present system of investigation being adopted by the CBI and their handling of cases, Balakrishnan said that the agency followed a "long procedure" of probe that delayed the decision in various sensitive cases, including those against politicians.

The number of "special CBI courts" should be increased so that the cases handled by the agency were disposed of fast, he said.

On the latest development of various high–profile cases falling flat in trial court, Balakrishnan did not agree that it was a recent phenomena. "There had always been reversal of trial court judgments in at least 10 to 15 percent cases by high courts in appeal, nothing unusual should be read in it. In murder cases the punishment is either death or life there is no third alternative," he said, noting the Jessica Lall and Priyadarshani Mattoo murder cases.

But he admitted that there was need to take a kind of measure to overcome the problem of witnesses turning hostile and the best course would be to get the evidence of witnesses recorded by a Magistrate, which would be a valid evidence.

He also was of the view that the police should seriously investigate the mass murder of children in Nithari village in Noida terming it "shocking and a very serious crime."

Though he refused to express any clear opinion on capital punishment, he said so long it was in the law book, the courts had to decide to award death sentence as per the guidelines laid down by the Supreme Court.

The news of elevation of Justice Balakrishnan has been received with great joy by the Christian community in India.

Caste, a social stratification rooted deep in Hinduism, organizes people by a combination of descent and employment. The lowest group in the caste system is the estimated 300 million–strong Dalit population. While atrocities against the Dalits have been practiced for thousands of years, caste–based atrocities are reaching new heights and are causing tension across many areas.

In many areas, they are still not allowed to enter temples or even sit next to upper caste Hindus. Most Dalits are still forced to do manual labour jobs, such as cleaning up human waste.

A 1950 Presidential Order excluded Dalit convert to Christianity from the quota system that reserved jobs to members of the Scheduled Castes or Scheduled Tribes in the public service. The same exclusion applies to those who convert to Islam but not to those who become Hindu, Buddhist or Sikh.

However, in a significant step, the Supreme Court recently decided to consider afresh the crucial constitutional issue of affirmative action in the public sector for Dalit converts to Christianity, refuting the government plea that it be treated as a legislative problem.

The matter, however, has been adjourned several times and the apex court is expected to take up the hearing again in April 2007.

An estimated 70 percent of India's 26 million Christians belong to the socially discriminated Dalit groups, who need social and educational support to integrate to the mainstream of society.

"This is one of the most significant things to happen in the history of India," said Dr. K.P. Yohannan, founder and president of Gospel for Asia. "The Dalits are oppressed, abused, raped, going through huge pain under the caste system. I surely believe God is behind this."

"Could it be that the Lord put this man in this significant place for times like this? Yes, I want to believe that this case will be taken up again and there will be some positive results out of that," said Dr. Yohannan, speaking on the pending Dalit Christian issue in the Supreme Court.

"I think there are millions and millions of Dalits that are waiting to see how these decisions are going to be made before they come public and say, 'we embrace Christian faith,' but I must also say we need to pray now more than ever before that the enemy will not throw a monkey wrench into the system," he said.

According to Dr. Yohannan persecution against Christians is increasing. "There's not a day goes by that we are not hearing our own missionaries being abused or attacked. It's quite sad. But, the encouraging thing is in spite of all this, people are opening their hearts to the Lord and churches are growing."

"I am hopeful that Chief Justice Balakrishnan will bring a sense of equality to the court, and I pray for the day when Dalits are truly allowed the same basic human freedoms those born into higher castes take for granted," said Yohannan. "Chief Justice Balakrishnan has a unique opportunity to move the national consciousness forward in regard to Dalit equality."

Chief Justice Balakishnan, like several other Dalits, have benefited from affirmative action for them in colleges, universities and in government jobs. The Indian law sets aside a portion of government jobs and admission to its colleges for Dalits. However, the law is unpopular and often disregarded by the higher castes, who, though in the minority, hold the majority of political power in the nation.

Chief Justice Balakrishnan will be the second person from Kerala's Dalit community to occupy a top constitutional post of the country after the late K.R. Narayanan who served as the nation's president from 1997–2002.

Chief Justice Balakrishnan is from the same hometown as Narayanan. Interestingly, Balakrishnan's father was Narayanan's schoolmate.

"I ask Christians around the world to pray for the more than 1 billion people of India, whom God dearly loves. Our desire is that they experience the love of Christ," urged Dr. Yohannan.