Skip to main content

'Unwarranted precedent': PM's presence at religious ceremony at residence of India's chief justice

Counterview Desk 

The civil rights group, Campaign for Judicial Accountability And Reforms, which consists of several prominent lawyers and activists* in statement on judicial propriety and independence, has taken strong exception to a private religious ceremony at the official residence of the Chief Justice of India, with the Prime Minister in attendance, has said that it has set an “unwarranted precedent.”
“As then CJI MN Venkatachaliah put it to then Prime Minister Narasimha Rao, the relationship between the judiciary and executive has to be correct, not cordial, and cordiality between court and government has no place in our constitutional scheme of checks and balances”, it underlined.

Text:

The Campaign for Judicial Accountability and Reforms (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.
Established practices of judicial conduct place an emphasis on maintaining public confidence through probity in the interaction between high constitutional functionaries. As then CJI MN Venkatachaliah put it to then Prime Minister Narasimha Rao, the relationship between the judiciary and executive has to be correct, not cordial, and cordiality between court and government has no place in our constitutional scheme of checks and balances. The judiciary, which holds the responsibility of safeguarding the Constitution and ensuring justice without fear or favor, must be seen as entirely independent from the Executive branch.
In recent times, there have been several concerns regarding impropriety, clear departure from 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.
Our concern is grounded in 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. It casts doubt as to the objectivity of an institution tasked with checking executive power.
The presence of political figures at private events hosted by sitting or recently retired judges erodes perception of impartiality
The Restatement of Values of Judicial Life, adopted by the Supreme Court of India in 1997, clearly states that justice must not only be done but it must also be seen to be done, and any act which erodes the credibility of this perception must be avoided. A judge is also required to maintain “a degree of aloofness consistent with the dignity of his office.” The presence of political figures at private events hosted by sitting or recently retired judges (and vice versa) erodes this perception of impartiality. More so, when the political figures are present in their institutional and not personal capacity and then use official channels of communication to broadcast pictures and videos to the public.
CJAR therefore 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. CJAR appeals to the Bar and the legal community that it must stand united in ensuring that the judiciary remains free from any influence, perceived or real, and retains the confidence of the people in its role as an impartial guardian of justice.
---
*Executive Committee: Prashant Bhushan (Convenor), Cheryl D’souza (Secretary), Nikhil Dey, Alok Prasanna Kumar, Venkatesh Sundaram, Indu Prakash Singh, Anjali Bhardwaj, Amrita Johri, Annie Raja, Siddharth Sharma, Indira Unninayar, Vijayan MJ, Vipul Mudgal, Koninika Ray, Meera Sanghamitra, Sai Vinod, Beena Pallical, Apar Gupta

Comments

TRENDING

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra*   It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Women's rights leaders told to negotiate with Muslimness, as India's donor agencies shun the word Muslim

By A Representative Former vice-president Hamid Ansari has sharply criticized donor agencies engaged in nongovernmental development work, saying that they seek to "help out" marginalizes communities with their funds, but shy away from naming Muslims as the target group, something, he insisted, needs to change. Speaking at a book release function in Delhi, he said, since large sections of Muslims are poor, they need political as also social outreach.

Sardar Patel was on Nathuram Godse's hit list: Noted Marathi writer Sadanand More

Sadanand More (right) By  A  Representative In a surprise revelation, well-known Gujarati journalist Hari Desai has claimed that Nathuram Godse did not just kill Mahatma Gandhi, but also intended to kill Sardar Vallabhbhai Patel. Citing a voluminous book authored by Sadanand More, “Lokmanya to Mahatma”, Volume II, translated from Marathi into English last year, Desai says, nowadays, there is a lot of talk about conspiracy to kill Gandhi, Netaji Subhas Chandra Bose, and Shyama Prasad Mukherjee, but little is known about how the Sardar was also targeted.

Bihar’s land at ₹1 per acre for Adani sparks outrage, NAPM calls it crony capitalism

By A Representative   The National Alliance of People’s Movements (NAPM) has strongly condemned the Bihar government’s decision to lease 1,050 acres of land in Pirpainti, Bhagalpur district, to Adani Power for a 2,400 MW coal-based thermal power project.