The National Alliance for Justice, Accountability and Rights (NAJAR) expresses grave concern at the recent presence of the Prime Minister, Narendra Modi at a private religious gathering at the residence of the Chief Justice of India, which was widely publicized by the media.
Given the profound faith that millions of ordinary citizens have in the constitutionally sacrosanct position of the Chief Justice, this raises serious questions around judicial integrity and propriety. As legal professionals engaging with the law and the Constitution, it is felt in our everyday lives, we see this as a deeply troubling event, for it risks blurring the vital lines that separate the Judiciary from the Executive, within our democratic framework.
NJAR reminded us that our Constitution envisions a clear and unwavering separation between these two branches of government. The Restatement of Values of Judicial Life adopted by the Supreme Court in 1997, emphasizes that members of the higher judiciary conduct themselves in a manner that reaffirms people’s faith in the judiciary’s impartiality and avoid any act, whether in official or personal capacity, that erodes perception of this credibility.
This is further reaffirmed by the Bangalore Principles of Judicial Conduct, 2002, Principle 2.2 of which provides that a judge’s conduct, both in and out of court, maintain and enhance public confidence in the impartiality of the Judiciary, while Principle 3.2 underscores that justice must not only be done but also be seen to be done.
The current situation, however, NJAR deplores jeopardizes this confidence by suggesting the potential of an alignment between the Judiciary and the Executive. Such appearances, regardless of intent, can severely erode trust in our justice system.
It must also be noted that the Chief Justice himself signed on to the New Delhi Principles last November, which reiterated these very Bangalore Principles.
This is particularly concerning in the current political climate where civil liberties, constitutional values and the very democratic foundation of our country are under threat, and the role of the Supreme Court as the last bastion of fundamental rights and a protector against Executive excesses has become all the more paramount.
NJAR said that over the next few months, the Supreme Court will adjudicate several matters of public importance where the Central Government is a party. In such a time, even unintentional acts that might give rise to doubts about the judiciary’s independence should be avoided.
Moreover, the public spectacle that this occasion was allowed to be turned into, raises legitimate questions about the message the Prime Minister wants to convey, especially with Maharashtra Assembly elections less than two months away and a case involving a key opposition party from the state being pending before the Supreme Court.
