Nothing undemocratic about PM’s visit to CJI’s pooja

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Nothing undemocratic about PM’s visit to CJI’s pooja

Monday, 16 September 2024 | Gourav Vallabh

Nothing undemocratic about PM’s visit to CJI’s pooja

In a nation where governance and justice work in tandem to uphold the Constitution, such an event signifies the harmony necessary for collective effort

The Prime Minister of India attending a Ganesh Pooja at the residence of the Chief Justice of India (CJI) is an act that should be seen as a symbol of respect and unity rather than an event warranting criticism. In the complex structure of Indian governance, where the judiciary and the executive function as distinct but interdependent pillars, such gestures are appropriate and reflective of the harmony essential for the nation's progress. To criticise this act would be to adopt a narrow-minded approach, ignoring the more profound significance of the occasion.The judiciary and the executive are two of the most important pillars of Indian democracy. While they are distinct in their functions, they share a common purpose: the preservation of the Constitution and the welfare of the people. The Prime Minister, as the head of the executive, and the Chief Justice of India, as the head of the judiciary, embody the leadership of two vital branches of government.

Their personal or religious event participation reflects mutual respect and understanding of their respective roles in the country's governance.The Ganesh Pooja, a significant religious event in India, represents the invocation of wisdom, prosperity, and the removal of obstacles. By attending such an event together, the two leaders are sending a message that they are united in their goals for the nation, seeking divine blessings for the common good. To view this act as inappropriate would be to overlook the fact that it is not merely a personal gathering but a reflection of shared responsibility in upholding the constitutional fabric of India.Critics of the Prime Minister's participation in the Ganesh Pooja at the Chief Justice of India's residence should remember that performing the Ganpati Pooja is not a crime, but a deeply ingrained part of India's cultural and historical heritage. The significance of Ganesh Pooja, especially when viewed through the lens of its revival by the great freedom fighter Bal Gangadhar Tilak, is a reminder of its deeper objectives—unity, nationalism, and collective strength. In this context, the Ganesh Pooja is not just a religious ceremony but a powerful cultural symbol that has historically promoted social cohesion, unity, and nationalism. By criticizing such an event, the critics undermine the values that Tilak sought to instil through this festival.In Indian tradition, the term "Karta" refers to the head or manager of a family, responsible for the well-being of the entire household. Similarly, the Prime Minister and the Chief Justice act as the 'Kartas' of their respective domains: the executive and the judiciary. While their roles are different, their objectives often align, especially concerning matters of national interest, law, and justice.

By coming together at a religious event, they demonstrate that despite their institutional separation, they work towards the same larger and greater goal—the welfare of the people and the strengthening of Indian democracy.As the Karta of the executive, the Prime Minister is responsible for running the government, implementing laws, and ensuring the country's development. The Chief Justice, as the Karta of the judiciary, ensures that justice is upheld and that the laws are interpreted and applied in a fair and just manner. These roles complement each other, and public gestures of respect and unity, such as attending a religious event together, only strengthen the understanding and coordination between these two pillars of governance.Only a narrow-minded perspective would find fault in the Prime Minister's attendance at the Ganesh Pooja. Such criticism is often rooted in a limited understanding of the executive and judiciary's roles in the country's broader governance. Criticizing such gestures of goodwill and unity overlooks the significance of collaboration between these branches, which is essential for a well-functioning democracy. By attending the Ganesh Pooja, the Prime Minister and the CJI are reinforcing their commitment to work together for the nation's greater good.It is well-known that Congress, during its tenure in power, had multiple instances where it was accused of attempting to influence or interfere with the independence of the judiciary. One such example that comes to the mind of every informed citizen is when Chief Justice S.M. Sikri retired on April 25, 1973, the day after the Supreme Court's landmark Kesavananda Bharati judgment, which ruled that Parliament could not alter the "basic structure" of the Constitution. Displeased by this limitation on her plans for constitutional amendments, Indira Gandhi swiftly responded by superseding three senior judges—Justices K.S. Hegde, J.M. Shelat, and A.N. Grover—on April 26.

Justice A.N. Ray, who was less critical of the government's stance, was appointed Chief Justice.This supersession sent a clear message, influencing the Supreme Court's subsequent ruling in the ADM Jabalpur case (also known as the Habeas Corpus case). During the Emergency declared on June 25, 1975, which suspended fundamental rights including the right to life and personal liberty, a Constitution Bench of the Supreme Court heard challenges to the presidential order. Attorney General Niren De argued that no judicial remedy could be sought during the Emergency.

Justice Khanna questioned the Attorney General about remedies for severe abuses, like police killings, during the Emergency. The Attorney General admitted there would be no judicial recourse during this period. Despite this troubling admission, the majority ruled that citizens had no right to life or personal liberty during the Emergency. Justice Khanna dissented but was later superseded by Justice M.H. Beg as Chief Justice in January 1977. In November 1976, Congress passed the 42nd Amendment, aiming to undermine judicial independence and establish a more authoritarian regime. The Prime Minister's participation in Ganesh Pooja at the Chief Justice of India's residence underscores mutual respect and recognition of each other's roles and powers.

Unlike Congress, which historically attempted to undermine judicial independence, this gesture reflects a healthy relationship between the executive and judiciary. It demonstrates that both leaders acknowledge and uphold the boundaries of their respective roles, ensuring a collaborative rather than confrontational dynamic in governance and judicial matters.The Prime Minister's attendance at a religious function does not imply interference in the judiciary's functioning or decision-making. There is a significant difference between engaging in respectful cultural or religious participation and attempting to subvert judicial independence for political gains, as seen during the Congress era. To equate the two is to distort history and misrepresent the present.

The Prime Minister performing Ganesh Pooja at the Chief Justice's residence is an act that reflects India's values of cultural unity, mutual respect, and inclusiveness. Only those with a narrow-minded view or divisive political motives would criticize such a gesture. This event represents the healthy relationship between the judiciary and executive, reaffirming their shared commitment to upholding the Constitution and promoting the welfare of the nation. Rather than being a cause for criticism, it should be seen as a celebration of the harmony and unity at the heart of India's democratic and cultural ethos.

(The writer is professor at XLRI and a BJP Leader; views are personal)

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