CJAR Statement on Judicial Propriety and Independence | Sept 12, 2024

CAMPAIGN FOR JUDICIAL ACCOUNTABILITY AND REFORMS
6/6 basement Jangpura B, Delhi - 110014

Executive Committee: Prashant Bhushan (Convenor), Cheryl D’souza (Secretary), Nikhil Dey, Alok Prasanna Kumar, Venkatesh Sundaram, Indu Prakash Singh, Anjali Bhardwaj, Amrita Johri, Annie Raja, Siddharth Sharma, Indira Unninayar, Vijayan MJ, Vipul Mudgal, Koninika Ray, Meera Sanghamitra, Sai Vinod, Beena Pallical, Apar Gupta

12th September 2024

The Campaign for Judicial Accountability and Reforms (CJAR) has taken note of the pictures and videos that have been circulated of a private religious ceremony at the official residence of the Chief Justice of India (CJI), with the Prime Minister (PM) in attendance. CJAR expresses deep concern over the manner and conduct of this event involving two constitutional functionaries, as setting an unwarranted precedent. This precedent undermines the perception of judicial independence, raises critical questions about the separation of powers and the impartiality of the judiciary.

Established practices of judicial conduct place an emphasis on maintaining public confidence through probity in the interaction between high constitutional functionaries. As then CJI MN Venkatachaliah put it to then Prime Minister Narasimha Rao, 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 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.

In recent times, there have been several concerns regarding impropriety, clear departure from code of conduct. In 2019, the then CJI hearing his own case violated all known judicial procedures and norms. Earlier this year, Abhijit Gangopadhyay, judge of the Calcutta High Court resigned and immediately joined the BJP raising serious questions of judicial propriety and impartiality. Post retirement, judges have become governors and Rajya Sabha members, without any cooling off period, raising more serious concerns regarding judicial independence.

Our concern is grounded in the fact that both the Union of India and State Governments are the largest litigants before the courts. Such close association between the judiciary and political leadership undermines the ability of the judiciary to impartially adjudicate cases involving the government and the ruling political party. It casts doubt as to the objectivity of an institution tasked with checking executive power.

The Restatement of Values of Judicial Life, adopted by the Supreme Court of India in 1997, clearly states that 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 therefore urges the judges of the Supreme Court and the High Courts to be mindful of the potential for such events to set a trend across states, where Chief Justices may meet Chief Ministers and other political figures in informal settings, shattering people’s faith in the judiciary. This is a serious issue that threatens the democratic principles of judicial independence and must be addressed promptly to preserve the integrity and credibility of the judiciary. CJAR appeals 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.