[BREAKING] “Prejudicially Affect the Trust & Confidence of the General Public”: AILU Raise Judicial Independence Concerns Over PM Modi’s Ganpati Puja Visit to CJI’s Residence

“Prime Minister Narendra Modi’s visit and participation in Ganesha Pooja at the residence of CJI DY Chandrachud is highly improper and an act impacting–prejudicially affecting the trust and confidence of the general public”: Lawyers raise concerns over judiciary-executive relations. Several senior advocates expressed concerns about the visit, questioning its implications for the separation of powers between the judiciary and the executive.

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NEW DELHI: Prime Minister Narendra Modi’s visit to the residence of Chief Justice of India (CJI) DY Chandrachud, where he participated in a private Ganpati Puja, has sparked a wave of criticism, particularly from the legal community.

The All India Lawyers Union (AILU) issued a strong protest, describing the Prime Minister’s participation as an event that could

“prejudicially affect the trust and confidence of the general public—‘We the people of India’—in the judiciary and its independence.”

The AILU’s statement highlighted that the event was not a state or national function, such as Independence Day or Republic Day, where the participation of the head of the judiciary and the head of the executive might be expected. Instead, it was “a purely private religious function” hosted at the CJI’s residence.

The AILU argued that such a visit is “beyond an expression of ‘civility’” and questioned whether it could have happened casually without prior planning from either the Prime Minister or the CJI.

The union emphasized-

“CJI ought not to have permitted or caused such things to happen, events like this may erode public trust in the judiciary’s independence. Any act impinging the independence of judiciary from within or without is anathema to the ethos of the constitution.”

The statement, dated September 12, 2024, was signed by Bikas Ranjan Bhattacharya, Senior Advocate and President of AILU, and P.V. Surendranath, Senior Advocate and General Secretary.

Lawyers Express Concerns Over Judiciary-Executive Relations

Following Modi’s visit, several senior advocates voiced their concerns regarding its implications for the separation of powers between the judiciary and the executive.

Senior advocate and former Additional Solicitor General, Indira Jaising, was particularly vocal on social media, asserting that the visit had compromised the independence of the judiciary.

Jaising called on the Supreme Court Bar Association (SCBA) to condemn the event, writing,

“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.”

Similarly, senior Supreme Court lawyer Prashant Bhushan expressed alarm, stating that the CJI’s decision to host the Prime Minister sends a “bad signal” regarding the judiciary’s role in protecting citizens’ fundamental rights and ensuring that the government adheres to the Constitution.

“Shocking that CJI Chandrachud allowed Modi to visit him at his residence for a private meeting. Sends a very bad signal to the judiciary which is tasked with the responsibility of protecting fundamental right of citizens from the executive & ensuring that the govt acts within bounds of Constitution. That is why there has to be an arms length separation between the executive & judiciary.”

Bhushan emphasized the importance of maintaining a clear boundary between the judiciary and the executive. Quoting the ‘Code of Conduct for Judges’ in a social media post, he added,

“A Judge should practice a degree of aloofness consistent with the dignity of his office. There should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which that office is held.”

BJP & Judges Defends the Visit as a Cultural Exchange

In contrast, leaders from the Bharatiya Janata Party (BJP) defended the Prime Minister’s visit, portraying it as a cultural, not political, event. BJP’s national organizing secretary, BL Santhosh, argued that the criticisms are rooted in a failure to appreciate “civility and togetherness.”

He reiterated that the visit was focused on the Ganpati festivities, dismissing claims that it blurred the lines between the judiciary and the executive. Santhosh responded to the opposition’s outcry by tweeting,

“Civility, cordiality, togetherness, co-travellers in nation’s journey are all an anathema to these left liberals. Also, it was not socializing but a devoted Ganapathi Pooja, which is very hard to digest.”

Former Supreme Court Judge Justice Ajay Rastogi welcomed the recent meeting between Prime Minister Narendra Modi and Chief Justice of India (CJI) DY Chandrachud during the Ganpati Puja celebration.

Justice Rastogi called the interaction “a positive step,” viewing the event as a communal and cultural celebration rather than a matter of concern.

According to Justice Rastogi, such events foster goodwill and should not be seen through a political or judicial lens.

He emphasized that these types of gatherings are part of India’s cultural fabric, where leaders across different branches of government come together during religious or cultural occasions.

Ganesh Chaturthi Celebrations Across India

As this debate over the Prime Minister’s visit continues, Ganesh Chaturthi celebrations are in full swing across India. Homes, streets, and public spaces are adorned with elaborate pandals, and devotees are offering prayers to Lord Ganesha to mark the start of the 10-day festival, which culminates with Anantha Chaturdashi.

Notably, earlier on the same day as Modi’s visit to the CJI’s residence, US Ambassador to India Eric Garcetti also took part in Ganesh Chaturthi celebrations in Mumbai, visiting the Shree Sarvajanik Ganeshotsav Sanstha to offer prayers.

The controversy around Modi’s visit to CJI Chandrachud’s residence underscores the delicate balance between cultural traditions and the perceived need for a strict separation between the judiciary and the executive in a democracy.

While some view the event as harmless, others see it as potentially harmful to the judiciary’s reputation for impartiality.

BACKGROUND

Prime Minister Narendra Modi on Sept 11, participated in Ganesh Puja celebrations at the residence of Chief Justice of India (CJI) D.Y. Chandrachud in Delhi. In a video shared from the event, CJI Chandrachud and his wife can be seen warmly welcoming the Prime Minister.

Later, Prime Minister Modi was observed performing the Aarti (a devotional ritual) to Lord Ganesha during the celebration.

The Ganesh festival, which spans 10 days, began in Maharashtra on Saturday. The festival holds particular significance for CJI Chandrachud, who hails from Maharashtra—a state where Ganesh Chaturthi is celebrated with great enthusiasm.

Born and raised in Mumbai, Chandrachud’s early life and legal career were closely tied to the state, where he initially practiced at the Bombay High Court.

Chandrachud, an alumnus of Mumbai University, completed his LLB there before pursuing his LLM at Harvard Law School. His legal journey began in Maharashtra, a state known for its grand celebrations of Ganesh Chaturthi, which starts on ‘Chaturthi‘ and concludes on ‘Anantha Chaturdashi‘ after ten days.

In addition to attending the puja, Prime Minister Modi also extended his heartfelt greetings to the nation on the occasion of Ganesh Chaturthi. In a social media post, he chanted the holy prayer,

“Ganpati Bappa Morya,”

-expressing his warm wishes.

“Heartiest greetings of Ganesh Chaturthi to all countrymen. Ganpati Bappa Morya,”

-the Prime Minister tweeted.

President Droupadi Murmu also shared her greetings on the eve of Ganesh Chaturthi. In her message, she emphasized the festival’s message of unity and brotherhood.

“On the auspicious occasion of Ganesh Chaturthi, I extend my warm greetings and best wishes to all Indians living in India and abroad,”

-President Murmu said.

She further added,

“This festival of joy and enthusiasm gives the message of social harmony and brotherhood.”

The festival, which is celebrated with vibrant processions and elaborate decorations, carries a significant cultural and spiritual essence, especially in Maharashtra, where it is observed with great devotion.

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