PM's visit to CJI's residence leads to controversy

Prime minister Narendra Modi’s visit to the residence of CJI DY Chandrachud’s residence for Ganesh Puja has snowballed into a controversy with many lawyers terming it a violation of Code of Conduct for Judges and a compromise on separation of powers.

In a post on X, activist-lawyer Prashant Bhushan cited the Code of Conduct for Judges and said, “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.”

Terming the visit as “disturbing”, Bhushan said the Judiciary is tasked with the responsibility of protecting fundamental rights of citizens which is primarily being assaulted by the Executive... And it’s also made responsible for ensuring that the Executive functions within the bounds of its authority and that’s why the Code of Conduct for judges had laid down that judges must maintain a degree of aloofness which is consistent with the dignity of their office.

“What the Chief Justice has allowed in this case is the Prime Minister to visit him at a private religious function…Firstly, it’s totally inappropriate for the Prime Minister to be visiting the Chief Justice’s residence for a private event; and secondly, it’s also inappropriate for the Prime Minister and the Chief Justice to display publicly a particular religious function because the Supreme court is also supposed to protect secularism and, therefore, this was totally inappropriate in my view it’s a violation of the Code of Conduct for Judges,” Bhushan said.

In a post on X, senior lawyer Indira Jaising alleged that the CJI has compromised on the separation of powers between the Executive and the Judiciary.

“Lost all confidence in the independence of the CJI. The SCBA (Supreme Court Bar Association) must condemn this publicly displayed compromise of Independence of the CJI from the executive,” she wrote.

However, Bar Council of India Chairman and BJP Rajya Sabha MP Manan Kumar Mishra defended it saying the Ganesh Aarti was a socio-religious function.

“The PM went there, offered prayers, and returned. If there had been a different kind of meeting, it would have been done confidentially...mocking these meetings isn't right,” Mishra said.

After attending a Ganesh Puja function at the CJI’s residence here on Wednesday evening, the Prime Minister wrote on X: “Joined Ganesh Puja at the residence of CJI, Justice DY Chandrachud Ji. May Bhagwan Shri Ganesh bless us all with happiness, prosperity and wonderful health.”

Describing it as a “highly improper” and an act prejudicially affecting the trust and confidence of the general public in the judiciary and its independence, All India Lawyers’ Union said the CJI ought not to have permitted or caused such things to happen as any act impinging the independence of judiciary from within or without is anathema to the ethos of the constitution.