Criticism Over PM Modi Attending Ganesh Chaturthi Festivities At CJI Residence: 'Compromised Separation of Powers'
Supreme Court senior advocate Indira Jaising criticised Chief Justice of India DY Chandrachud for a video that is being circulated online in which Prime Minister Narendra Modi was seen participating in a Ganesh Chaturthi festivities being held at the former’s residence. Jaising said the Chief Justice 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,” Jaising said after tagging Supreme Court Bar Association (SCBA) president Kapil Sibal.
The separation of powers between the Executive and Judiciary in India is a fundamental constitutional principle designed to maintain the independence and distinct functions of the different branches of government. This doctrine, based on the constitutional values, ensures that power is not concentrated in a single branch and that each branch operates within its own sphere, providing checks and balances against the others. The Executive branch, headed by the President and including the Prime Minister and the Council of Ministers, is responsible for implementing and enforcing laws. It carries out the day-to-day governance of the country but must refrain from interfering in judicial functions.
The Judiciary, comprising the Supreme Court, High Courts, and subordinate courts, is responsible for interpreting laws and ensuring that they are in line with the Constitution. Its role is crucial in safeguarding citizens’ rights and upholding the rule of law. It operates independently of the Executive and Legislature, ensuring that legal decisions are made free from political influence or pressure. This independence is key to maintaining public confidence in the fairness and impartiality of the judicial system.
Occasionally, situations, like what happened on Wednesday, arise that lead to concerns about the erosion of this separation. For instance, when high-ranking political figures, such as the Prime Minister, are seen engaging in activities with members of the Judiciary in a social or religious context, it can raise questions about the perceived independence of the Judiciary. Criticism like what Jaising argues that such interactions might blur the lines between the Executive and the Judiciary, potentially compromising the impartiality of the latter.
