Reacting to a recent remark by Lok Sabha Leader of Opposition Rahul Gandhi that the Opposition has taken it upon themselves to “do the task of the judiciary,” the former Chief Justice of India, DY Chandrachud said that the judiciary is here to “scrutinise laws” and people should not presume that it will fulfil the role of opposition in Parliament or the state legislatures.
In an exclusive interview with ANI, the former CJI noted that there is separate space in a democracy for the political opposition.
“Well, I don’t want to join issue with the leader of the Opposition because that’s not the ambit of what we are here to speak. But what I want to say is this, people should not presume that the judiciary should be performing the role of the opposition in Parliament or the State legislatures. Too often, there’s a misconception that the judiciary has to play the role of the Opposition in legislatures, which is not so. We are here to scrutinise laws” he said.
“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,” the former CJI said.
Rahul Gandhi had earlier said, “We are alone working on the behalf of media, investigative agencies and judiciary also. This is the reality of India.”
When asked about intense scrutiny on social media on the duration of interactions with the Leader of the Opposition and the Prime Minister, the former CJI said as “human beings,” it is but natural to socialise during certain official meetings.
“Well, there are times when you interact with the leader of the Opposition as well. For instance, you know, in many of our statutes require that a selection committee for appointment to a particular post must consist of the Prime Minister, the Chief Justice of India, and the Leader of the Opposition. Now, you know, you discuss what you have to discuss, and you arrive at your conclusions. And after you’re done with those conclusions, you are human beings, right? You’re going to spend 10 minutes after that having a cup of tea, talking about everything under the sun from cricket to movies to something,” the former Chief Justice said.
Responding to the controversy that erupted after Prime Minister Narendra Modi attended a Ganpati Puja at his residence, the former CJI said, that this was not “unique,” and that earlier too Prime Ministers had visited the homes of judges on social occasions.
“Look at the work which we have done. I think assess us in terms of the work which we have done. I think 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. And, you know, these social courtesies do not detract from the fact that despite these social curtsies which are observed at different levels of the government, in the work which we do, we are entirely independent of each other,” former CJI said.
In September, this a row erupted after PM Modi visited the residence of the then Chief Justice of India for Ganpati Puja celebrations. The opposition, especially Congress and Trinamool Congress (TMC), criticised the visit, arguing that such meetings could raise questions on potential conflicts of interest.
