Did Modi's visit to CJI residence violate code of conduct for judges?

The code of conduct for judges includes rules for how judges should behave and act, and the values they should uphold

Modi at CJI Chandrachud's residence (photo: @narendramodi/X)
Modi at CJI Chandrachud's residence (photo: @narendramodi/X)
user

NH Digital

In a video which has been widely circulated on social media, Prime Minister Narendra Modi — clad in traditional Maharashtrian attire — is seen performing Ganesh puja with Chief Justice of India D.Y. Chandrachud and his wife Kalpana Das, in an act which has drawn mixed reactions from the public and Opposition parties.

For instance, the action has sparked sharp criticism from several opposition leaders including Rajya Sabha MP Kapil Sibal and NCP (SP) leader and Lok Sabha MP Supriya Sule.

According to Sibal, those who hold the highest office should not publicise a private event. "I have great respect for the present chief justice of India. I can say without any hesitation that he is a man of great personal integrity. I was really surprised when I saw this clip that was going viral," he said at a press conference in New Delhi.

Sibal, a senior advocate and president of the Supreme Court Bar Association, also said the prime minister should never have shown his interest in such a private event because he and those he must have consulted should and must have told him that it might send a wrong signal. "You should not lend yourself to be in a situation where people can gossip about the institution and start speculating," he stressed.

"Joined Ganesh puja at the residence of CJI D.Y. Chandrachud ji. May Bhagwan Shri Ganesh bless us all with happiness, prosperity and wonderful health," Modi had said in a post on X, along with a photograph of him participating in the puja.

Meanwhile, Lok Sabha MP Supriya Sule said she was surprised to see PM Modi visit CJI Chandrachud's residence, but added that she has "full faith" in the Indian judiciary. "Both - PM and CJI - are senior to me in terms of age and experience, so it will not be appropriate to comment," she said.

"But such an incident (PM visiting CJI's house) was unheard of. I was also surprised, but I have full faith in courts and the respected CJI might have given it a thought before (inviting the PM)," she told reporters in her constituency Baramati.

Code of conduct for judges

A code of conduct for judges includes rules and expectations for how judges should behave and act, and the values they should uphold.

The prescribed code for values of judicial life was adopted by a full court meeting of the Supreme Court on 7 May 1997. The highlights of which include:

1) Justice must not merely be done but it must also be seen to be done. The behaviour and conduct of members of the higher judiciary must reaffirm the people's faith in the impartiality of the judiciary. Accordingly, any act of a judge of the Supreme Court or a high court, whether in official or personal capacity, which erodes the credibility of this perception has to be avoided.

2) A judge should not contest the election to any office of a club, society or other association; further he shall not hold such elective office except in a society or association connected with the law.


3) Close association with individual members of the Bar, particularly those who practice in the same court, shall be eschewed.

4) A Judge should not permit any member of his immediate family , such as spouse, son, daughter, son- in-law or daughter-in-law or any other close relative, if a member of the Bar, to appear before him or even be associated in any manner with a cause to be dealt with by him.

5) No member of his family, who is a member of the Bar, shall be permitted to use the residence in which the Judge actually resides or other facilities for professional work.

6) A judge should practice a degree of aloofness consistent with the dignity of his office.

7) A Judge shall not hear and decide a matter in which a member of his family, a close relation or a friend is concerned.

8) A judge shall not enter into public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination.

9) A judge is expected to let his judgments speak for themselves. He shall not give interview to the media.

10) A judge shall not accept gifts or hospitality except from his family, friends or close relations.

11) A judge shall not hear and decide a matter in which a company in which he holds shares is concerned unless he has disclosed his interest and no objection to his hearing and deciding the mater is raised.

12) A judge shall not speculate in shares, stocks or the like.

13) A judge should not engage directly or indirectly in trade or business, either by himself or in association with any other person.

14) A judge should not ask for, accept contributions or otherwise actively associate himself with the raising of any fund for any purpose.

15) A judge should not seek any financial benefit in the form of a perquisite or privilege attached to his office unless it is clearly available. Any doubt in this behalf must be got resolved and clarified through the chief justice.

16) Every judge must at all times be conscious that he is under the public gaze and there should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which that office is held. These are only the "Restatement of the values of Judicial Life" and are not meant to be exhaustive but illustrative of what is expected of a Judge.

With PTI inputs

Follow us on: Facebook, Twitter, Google News, Instagram 

Join our official telegram channel (@nationalherald) and stay updated with the latest headlines