Judiciary's Independence in Jeopardy

Michael G. Michael G.
16 Sep 2024

On September 12, wearing a traditional Maharashtrian cap, PM Modi joined the CJI and his wife in New Delhi to perform aarti and offer prayers before Ganesha's idol. It was a family puja, not a sarvajanik (public) Ganesh utsav. Was he then invited by Mr Chandrachud? No one will know that fact. Even if Modiji had come uninvited - which is quite possible - Shri Chandrachud should have avoided welcoming him and being in the photo frame, doing aarti together with Modiji. Modi's IT cell made the pictures viral in seconds! It is against the code of model conduct for judges.

The Godi media shouts that it is normal to visit families with Ganesh idols. Why shout foul? Imagine if Rahul Gandhi had visited Chandrachud's house?

Unconstitutional
Raising concerns over the visit, Shiv Sena (UBT) leader Sanjay Raut said such interactions between constitutional authorities and political leaders could undermine trust in the judiciary, especially in a case involving the Maharashtra government that is being heard by the CJI. Hopefully, after the festivities are over, the CJI will deem it fit and be slightly freer to conclude the hearing on Maharashtra, where the blatant disregard of Article 10 of the Constitution is taking place. Or are Elections around the corner a cause to adjourn the case for another day?

The Supreme Court lawyer Prashant Bhushan said. "CJI Chandrachud allowing Modi to visit him at his residence for a private meeting sends a troubling message about the judiciary's independence and its role in safeguarding citizens' rights and ensuring government accountability."

The judiciary is tasked with the responsibility of protecting fundamental rights of citizens from the executive and ensuring that the government acts within the bounds of the Constitution. That is why there has to be an arm's length separation between the executive and the judiciary.

Lawyer and activist Indira Jai Singh said, "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."

There are already doubts that Mr Chandrachud has not been very categorical in judging the government's conduct, for example, in the matter of electoral bonds, the appointment of election commissioner, etc., especially in the case of giving extension to the present illegal Government of Mr Eknath Shinde in Maharashtra. In the case of Mr Arvind Kejriwal, it is suspected that the Supreme Court is allowing the ED and SEBI to extend his prison for flimsy reasons. The Modi-CJI joint puja has only served to confirm the doubts.

Irresponsible Action
What surprises me more is that the CJI performs puja in his house for five long days! He has only 60 days left before he retires, and many judgements are pending. The common man has only one prayer: Shri Ganesha has four hands. One of them has a sickle. Let's hope that he cuts off all the ties enticing Modiji to remain in power and blesses Chandrachud with a modaka, a sweet claimed to be Ganesha's favourite, on the other hand, for being totally impartial in judgements in the remaining 60 days of his career!

Ganapati Bappa Morya!
 

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