Judicial Independence Under Threat: CJAR Condemns PM Modi's Visit to CJI's Ganpati Puja

 

The Campaign for Judicial Accountability and Reforms (CJAR) has recently voiced significant concerns regarding Prime Minister Narendra Modi's visit to Chief Justice of India DY Chandrachud's residence for Ganpati Puja. This visit, according to CJAR, sets a troubling precedent that could undermine public confidence in the independence of the judiciary and the separation of powers.

Concerns Raised by CJAR

CJAR emphasized that such interactions between the judiciary and executive branches could blur the lines essential for maintaining judicial independence. They referenced former Chief Justice MN Venkatachaliah's assertion that the relationship between the judiciary and executive should be "correct, not cordial," highlighting that cordiality has no place within the constitutional framework designed to ensure checks and balances.

The organization articulated that this precedent raises serious questions about the impartiality of the judiciary, which is tasked with upholding the Constitution and delivering justice without bias. CJAR pointed out that the judiciary must be perceived as entirely independent from the executive to maintain its integrity and credibility.

Historical Context and Precedents

CJAR cited previous incidents that illustrate a departure from the expected code of conduct within the judiciary. Notable examples include:

• The 2019 case where then Chief Justice Ranjan Gogoi presided over his own sexual harassment case.
• The appointment of judges to political positions immediately after retirement.
• The recent resignation of Justice Abhijit Gangopadhyay from the Calcutta High Court to join the Bharatiya Janata Party.

These instances contribute to the perception that the judiciary is too closely aligned with political leaders, which could compromise its independence, especially given that the Union and State Governments are the largest litigants in courts.

Call for Judicial Integrity

CJAR urged judges at all levels to be vigilant about the precedents they establish through their actions. They referenced the Restatement of Values of Judicial Life adopted by the Supreme Court in 1997, which emphasizes that justice must not only be done but also be perceived to be done. Judges are expected to maintain a degree of aloofness to preserve the dignity of their office.

The organization warned that the presence of political figures at private events hosted by judges can erode public trust in judicial impartiality, particularly when these figures appear in their official capacities and share images from such events through official channels.

Conclusion and Remarks

In conclusion, CJAR appealed to the legal community to unite in safeguarding the judiciary from any perceived or actual influences that could undermine its role as an impartial guardian of justice. Senior Advocate Kapil Sibal also echoed these sentiments, stating that Prime Minister Modi's visit should have been avoided to uphold the integrity of the judiciary.

The CJAR's statement serves as a crucial reminder of the importance of maintaining a clear separation between the judiciary and executive branches, ensuring that public confidence in the judicial system remains intact.