'Undermines Perception Of Judicial Independence': CJAR Issues Statement Over Prime Minister's Visit To CJI's Ganpati Puja

The Campaign for Judicial Accountability and Reforms (CJAR) in its recent statement has expressed 'deep concern' over Prime Minister Narendra Modi's visit to Chief Justice of India DY Chandrachud's residence for Ganpati Puja yesterday. It states that such visits would create unwarranted precedents undermining the public's perception of judicial independence and separation of powers.

CJAR referred to then CJI MN Venkatachaliah's communication to then Prime Minister Narasimha Rao which said that "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 organization stressed the need for the judiciary to maintain distance in order to uphold the principle of judicial independence from the executive branch of the governance. It expressed apprehensions over such recent meetings being used a wrong precedent to erase the principles of separation of powers and the impartiality of the judiciary.

"This precedent undermines the perception of judicial independence, raises critical questions about the separation of powers and the impartiality of the judiciary."

"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"

The CJAR has also made references to several incidents in the past where there has been a "clear departure from code of conduct". These included the 2019 instance where then CJI Ranjan Gogoi presided over his own case relating to sexual harassment allegations; the appointment of judges as governors and Rajya Sabha members immediately after retiring and the recent most resignation of Justice Abhijit Gangopadhyay from Calcutta High Court to join Bharatiya Janata party.

The CJAR highlighted that Union of India and State Governments are the largest litigants before the Courts, and such 'close association' between judiciary and political leaders may undermine the rule of judicial independence.

Urging the judges of the Top Court and High Courts to be mindful of the precedents they may set through such events, the CJAR recalled the Restatement of Values of Judicial Life, adopted by the Supreme Court of India in 1997, which states:

" 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 adds.

CJAR concludingly appealed 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.

In a related development, Senior Advocate Kapil Sibal in a press meeting today, opined that Prime Minister Narendra Modi's visit to the residence of Chief Justice of India DY Chandrachud for Ganpati Puja should have been avoided.