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The Campaign for Judicial Accountability and Reforms (CJAR) has voiced its strong disapproval of Prime Minister Narendra Modi's visit to Chief Justice of India DY Chandrachud's residence for Ganpati Puja. The organization argues that such interactions undermine public perception of judicial independence and the principle of separation of powers, setting a potentially dangerous precedent. Drawing upon the communication of then CJI MN Venkatachaliah to then Prime Minister Narasimha Rao, CJAR emphasizes the need for a professional distance between the judiciary and the executive branch, asserting that 'cordiality' between them has no place within the constitutional framework of checks and balances.
CJAR cites several past incidents as evidence of a 'clear departure from the code of conduct,' including the 2019 case where then CJI Ranjan Gogoi presided over his own sexual harassment allegations, the appointment of judges to political positions immediately after retirement, and the recent resignation of Justice Abhijit Gangopadhyay from Calcutta High Court to join the Bharatiya Janata Party. The organization highlights the potential for such close association between the judiciary and political figures to erode the perception of judicial impartiality, especially considering that the Union of India and State Governments are the largest litigants before the courts.
Echoing the Restatement of Values of Judicial Life adopted by the Supreme Court in 1997, CJAR stresses the importance of maintaining a 'degree of aloofness consistent with the dignity of the office' for judges. The organization argues that the presence of political figures at private events hosted by sitting or recently retired judges erodes the public perception of impartiality, particularly when such events are publicized through official channels. CJAR concludes by calling upon the Bar and the legal community to stand united in safeguarding the judiciary from any undue influence, ensuring it remains a trusted and impartial guardian of justice.
Senior Advocate Kapil Sibal has also expressed his concern over the PM's visit to the CJI's residence, suggesting that it should have been avoided. His opinion further underscores the widespread apprehension regarding the potential erosion of judicial independence and the delicate balance of power in India's constitutional framework.