custom-ads

Why PM Narendra Modi’s visit to CJI DY Chandrachud’s residence for a religious ritual is problematic

The prime minister visiting the CJI is questionable since Article 50 of the Indian Constitution specifies the clear separation between the judiciary and the executive.

South First Desk

Published Sep 12, 2024 | 11:11 AM ⚊ Updated Sep 12, 2024 | 6:02 PM

Prime Minister Narendra Modi at the residence of CJI DY Chandrachud for Ganesh Puja. (X)

Prime Minister Narendra Modi at the residence of CJI DY Chandrachud for Ganesh Puja. (X)

‘A judge should practice a degree of aloofness consistent with the dignity of his office’. ‘Every judge must at all times be conscious that he is under the public gaze and there should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which that office is held.’ These are two of the 16 “Restatement of Values of Judicial Life”, adopted by Full Court meeting of the Supreme Court of India on 7 May, 1997.

How does one view Prime Minister Narendra Modi’s visit to Chief Justice of India (CJI) DY Chandrachud’s residence for Ganesh Puja on Wednesday, 11 September, in this context?

The prime minister’s visit to the top leader of the judiciary has raised several questions, including the lack of up-keeping of the principle of separating the judiciary from the executive.

“Joined Ganesh Puja at the residence of CJI, Justice DY Chandrachud Ji. May Bhagwan Shri Ganesh bless us all with happiness, prosperity and wonderful health,” wrote Modi on X after visiting the CJI’s residence.

Also Read: Confessions of PMLA accused not admissible as evidence, says SC

‘Lost confidence’

Meanwhile, several people, including apex court lawyers condemned the prime minister’s move.

Senior Supreme Court lawyer Indira Jaisingh noted that she lost confidence in the independence of the CJI.

“Chief Justice of India has compromised the separation of powers between the Executive and Judiciary. Lost all confidence in the independence of the CJI. The SCBA must condemn this publicly displayed compromise of Independence of the CJI from the Executive,” she wrote on X.

The prime minister visiting the CJI is questionable since Article 50 of the Indian Constitution specifies the clear separation between the judiciary and the executive.

“The State shall take steps to separate the judiciary from the executive in the public services of the State,” states Article 50 of the Constitution.

Also Read: Why Indian drug regulator suspended approval of PresVu Eye Drops?

Campaign for Judicial Accountability and Reforms (CJAR) also issued a statement on the CJI-PM meet.

“The CJAR has taken note of the pictures and videos that have been circulated of a private religious ceremony at the official residence of the Chief Justice of India (CJI), with the Prime Minister (PM) in attendance. CJAR expresses deep concern over the manner and conduct of this event involving two constitutional functionaries, as setting an unwarranted precedent. This precedent undermines the perception of judicial independence, raises critical questions about the separation of powers and the impartiality of the judiciary.”

The statement also referred to past instances where there were concerns regarding impropriety and breaches of code of conduct.

“In 2019, the then CJI hearing his own case violated all known judicial procedures and norms. Earlier this year, Abhijit Gangopadhyay, judge of the Calcutta High Court resigned and immediately joined the BJP raising serious questions of judicial propriety and impartiality. Post retirement, judges have become governors and Rajya Sabha members, without any cooling off period, raising more serious concerns regarding judicial independence.”

The CJAR also noted that its main concern was the fact that  “both the Union of India and State Governments are the largest litigants before the courts. Such close association between the judiciary and political leadership undermines the ability of the judiciary to impartially adjudicate cases involving the government and the ruling political party.”

The CJAR ended the statement by saying it “urges the judges of the Supreme Court and the High Courts to be mindful of the potential for such events to set a trend across states, where Chief Justices may meet Chief Ministers and other political figures in informal settings, shattering people’s faith in the judiciary. This is a serious issue that threatens the democratic principles of judicial independence and must be addressed promptly to preserve the integrity and credibility of the judiciary.”

‘Bad signal to the public’

Lawyer Prashant Bhushan noted that the visit sent a bad signal to the public.

“Shocking that CJI Chandrachud allowed Modi to visit him at his residence for a private meeting. Sends a very bad signal to the judiciary which is tasked with the responsibility of protecting fundamental right of citizens from the executive & ensuring that the govt acts within bounds of Constitution. That is why there has to be an arms length separation between the executive & judiciary,” he wrote on X.

“The pretence to keep a one-arm distance from the Executive gone for a toss! What a fall!” noted journalist Saurav Das.

Shiv Sena (UBT) MP Sanjay Raut on PM Modi’s visit to CJI’s residence was a cause of concern.

, “…I don’t have information on how many homes the PM has visited. The Ganpati festival is celebrated in many places in Delhi, including Maharashtra Sadan. However, there is concern about whether constitutional custodians, like Chief Justice Chandrachud, meeting with political leaders like the Prime Minister, affects public perception,” he told IANS.

“Our case involving Maharashtra, which is currently under review by Justice Chandrachud, raises questions. Given that the Prime Minister is a key figure in the ruling party and has been seen with Justice Chandrachud, there are concerns about whether justice will be fairly administered…” he added.

(Edited by Muhammed Fazil)

Follow us