Justice mustn't merely be done but seen as done: Concerned citizens

Counterview Desk 

Several concerned citizens belonging to the Reclaim the Republic group have said that they "feel deeply concerned by the news report that the Prime Minister participated in Ganpati Puja at the residence of the Chief Justice of India."

In a statement signed by prominent advocates, former bureaucrats, activists, they said, "While it is no doubt the fundamental right of any individual to take part in a religious function of his/her choice, in our view, when the individual occupies a high Constitutional office, the credibility of which is subject to be influenced by public perception, it is of paramount importance that he/she occupying such an office refrains from taking part in an activity that is likely to influence public trust in that office."

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We feel deeply concerned by the news report that the Prime Minister participated in Ganpati Puja at the residence of the Chief Justice of India.

While it is no doubt the fundamental right of any individual to take part in a religious function of his/her choice, in our view, when the individual occupies a high Constitutional office, the credibility of which is subject to be influenced by public perception, it is of paramount importance that he/she occupying such an office refrains from taking part in an activity that is likely to influence public trust in that office. 

“Justice must not only be done, but must also be seen to be done” is a dictum laid down by Lord Hewart, the then Lord Chief Justice of England in the case of Rex v. Sussex Justices, [1924] 1 KB 256. 

The Hon'ble Supreme Court adopted a “Restatement of Values of Judicial Life” at its full Court Meeting on 7th May 1997 (), which, inter alia, laid down the following norm of conduct for judges:

“Justice must not merely be done but it must also be seen to be done. The behaviour and conduct of members of the higher judiciary must reaffirm the people's faith in the impartiality of the judiciary. Accordingly, any act of a Judge of the Supreme Court or a High Court, whether in official or personal capacity, which erodes the credibility of this perception has to be avoided”.

CJI must ensure that their conduct outside their judicial role conforms to the highest norms of judicial behaviour

This assumes particular relevance in the present context when senior public functionaries of the political executive have been often been reported making hate speeches based on religious considerations, brazenly flouting the core values of the Constitution, a member of the higher judiciary joining a political party on the eve of elections, immediately following his demitting office, around thirty former members of the higher judiciary attending a meet organised by Vishwa Hindu Parishad and the political executive lifting the 44-year old ban on public servants joining RSS.

As members of a statutory authority set up under Article 124 of the Constitution, they are required to maintain the highest standards of conduct to send a strong message to the lower judicial institutions and the public at large, that the judiciary is totally independent from the executive. This is particularly important in our context in which the state led by the political executive is a large litigant before the courts and its overarching authority has often tended to trample the rights of helpless citizens.

As concerned citizens, we appeal to the Chief Justice of India and the other members of the apex court to put in practice the “Restatement of Values in Judicial Life” that the apex Court had adopted on the 7th of May 1997, as cited above, and ensure that their conduct outside their judicial role conforms to the highest norms of judicial behaviour.