New Delhi: India’s judiciary exists to “scrutinise laws” and people should not presume that it can fulfil the role of Opposition in the Parliament or State legislatures, former Chief Justice DY Chandrachud said in response to Rahul Gandhi’s recent remarks that it has become the Opposition’s job to ” do the task of judiciary”.
Speaking to ANI’s Editor-in-chief Smita Prakash in her podcast, the CJI said a separate space exists in democracy for political opposition, adding there is a misconception that the judiciary should play the role of Opposition in legislatures but it is not so.
“We are here to scrutinise laws. We are entrusted with the duty to scrutinise executive action on whether it is consistent with the law, and whether it is consistent with the Constitution. There’s a different space in a democracy for the political opposition. And what people try to do is to use the judiciary and to shoot from the shoulders of the judiciary and to try and convert the Court into a space for the political opposition,” he said during the podcast.
On Socialising with PM Modi, LoP Rahul Gandhi
When questioned about the intense scrutiny on social media regarding the length of his interactions with the Leader of the Opposition and the Prime Minister, the former CJI stated that, as “human beings,” it is natural to engage socially during certain official meetings.
He said there were times when he interacted with the Leader of the Opposition but in many cases where interactions with the Leader of the Opposition occur as well and in many, statutes mandate that the selection committee for certain appointments includes the Prime Minister, the Chief Justice of India, and the Leader of the Opposition.
We discuss the matters at hand and arrive at conclusions and once that’s done, we are still human beings and it’s natural to spend a few minutes afterwards sharing a cup of tea and chatting about everything from cricket to movies to other casual topics, Mr Chandrachud said.
On PM Modi’s Ganpati puja at his residence
Reflecting on the political controversy triggered by PM Modi attending a Ganpati puja at his residence earlier this year, Mr Chandrachud said it was not “unique” and previous prime ministers had also visited judges on certain occasions.
“Something which is, you know, a social visit, a sociable visit, and this is not unique. I’ve said this before, prime ministers visit people in the homes of judges on social occasions, sometimes on sad occasions as well. This is the element of elementary social courtesy which is followed within the system,” he told ANI.
Mr Chandrachud further stressed that such social interactions of judges with different levels of government do not detract from the work the judiciary does and the two are completely independent of each other.
In September, controversy arose when Prime Minister Modi visited the residence of the then Chief Justice of India for Ganpati Puja celebrations. The opposition, particularly the Congress and Trinamool Congress (TMC), criticised the visit, asserting that such interactions could raise concerns about potential conflicts of interest.
