Earlier in September this year, PM Modi visited the residence of the Chief Justice of India D Y Chandrachud during Ganesh Chaturthi for Ganesh puja. His visit created tensions surrounding the impartiality of the Indian judiciary, and many criticised Chandrachud over the need to keep the judiciary and the executive separate.
Now, speaking to the Times of India, Chandrachud termed the controversy “unnecessary, unwarranted, and illogical.” He stated that heads of political executive visit judges’ houses for social occasions but independence of the judiciary is so deeply entrenched that judicial matters are never ever discussed.
He further stated that PMs and CMs do visit the residences of judges but that, “I cannot recount a single occasion where either the CJI or judges of the SC ever discussed any judicial matter with the executive heads of the Union or states. Except for exchange of pleasantries, no other matter is discussed.”
“There is enough maturity among judges of constitutional courts and the heads of the executive to firmly keep aside judicial matters out of the purview of any discussion. The protocol is so very strict that judicial matters are never ever discussed with heads of political executive.”
He added, “We know our duties in the democratic system of governance and the political executive know theirs. No judge, least of them the CJI or the CJs, can even remotely invite any threat, actual or perceived, to the independence of the judiciary.”
CJI Chandrachud clarified that whenever the CJIs or the CJs meet any Union or state heads, the discussion always revolves around the inadequacy of judicial infrastructure.
Judicial infrastructure in our country is indisputably lacking in many respects, and measures must be taken at the earliest to strengthen it. Moreover, it is also unarguable that independence of the judiciary is paramount and of utmost consideration in a country that lauds itself as the largest democracy in the world. Independence of the judiciary must not only be established and sacrosanct, but also should be unambiguously and unmistakably made known to the citizenry of this country. This is one such matter of national governance that should leave no doubts whatsoever. An occasion that evokes the most infinitesimal scintilla of suspicion over the judiciary’s independence should not be allowed to exist.
