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India is ‘mature enough’ to understand the elementary courtesies observed between functionaries of the Constitution, former Chief Justice of India DY Chandrachud said recently. The CJI’s comments come in the wake of a personal visit by Prime Minister Narendra Modi last year to his Delhi residence.
The Prime Minister had in September last year paid a visit to the residence of Chandrachud, who still held the post of the chief justice at the time.
“Let's not make too much out of elementary courtesies of Constitutional office. I think our system is mature enough to understand that elementary courtesies which are observed between high Constitutional functionaries have nothing to do with the way they dispose of cases,” Chandrachud told BBC journalist Stephen Sackur in a recent interview.
The ex-CJI refuted the speculations about his closeness to the prime minister, citing examples of judgments passed by him that did not align with the Modi government’s views.
“Before this particular meeting, we delivered judgments like the electoral bonds case where we invalidated the law which was brought in by the government for electoral funding through electoral transparency, but through anonymous electoral bonds,” he said.
“After that, we have delivered numerous judgments which have gone against the government,” Chandrachud added.
He further agreed to Sackur’s remarks that that he “effectively stood up to the power of the executive over the last eight years”
“The court is not just one chief justice. It comprises a collectivity of people. Even the cases which I decided, I discussed the outcomes with my colleagues on the bench. I do believe that our court has stood up,” Chandrachud said.
He however clarified that the judiciary’s role was not the same as the Opposition at a Parliament.
“The role of the judiciary in a democratic society is not the role of the opposition in Parliament. We are here to decide the cases and to defend the Constitution, and act in accordance with the rule of law.”
Earlier too, the CJI had defended Modi’s visit to his residence, terming the controversy over the same as “unnecessary, unwarranted, and illogical”.
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