New Delhi: The controversy over Prime Minister Narendra Modi’s visit to the residence for Ganpati puja was “unnecessary, unwarranted and illogical”, CJI D Y Chandrachud said, pointing out that heads of political executive do visit judges’ houses for social occasions. “Except for exchange of pleasantries, no other matter is discussed,” he said in an interview to a newspaper.
The independence of judiciary is so deeply entrenched that judicial matters are "never ever discussed", he said.
CJI D Y said that the PM and CMs do visit the residences of the CJI, CJs of high courts and judges on social occasions like children's marriage or festivities, adding that the discussions centre around the inadequacy of infrastructure for the judiciary, which faces a huge backlog of cases.
"But I cannot recount a single occasion where either the CJI or judges of the SC ever discussed any judicial matter with the executive heads of the Union or states. Except for exchange of pleasantries, no other matter is discussed," the CJI, who will leave office on November 10, told TOI.
"There is enough maturity among judges of constitutional courts and the heads of the executive to firmly keep aside judicial matters out of the purview of any discussion. The protocol is so very strict that judicial matters are never ever discussed with heads of political executive," he said.
"We know our duties in the democratic system of governance and the political executive know theirs. No judge, least of them the CJI or CJs, can even remotely invite any threat, actual or perceived, to the independence of judiciary," he added.
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"After a CJ of HC or CJI takes oath, there is a formal meeting between him and the head of the political executive centred around making good the deficiencies in judicial infrastructure, the issues and allocation of funds and related administrative issues," he said.
A huge political row erupted in September this year, after a video of PM Modi joining Ganesh festival celebrations at CJI's residence was shared on social media. Photos and videos from the event showed the PM joining CJI and his family during Ganesh Puja at his residence.
PM's visit sparked a debate over the separation of powers between the executive and judiciary. Several senior advocates shared their concerns about the visit.
Senior advocate and former Additional Solicitor General Indira Jaising criticised the meeting and wrote on social media, “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 Kapil Sibal.”