In a democracy, some criticism of the judiciary is inevitable. However, unless there is a measure of restraint, judicial institutions will be damaged and judicial integrity stand debilitated
Pandit Jawaharlal Nehru once remarked, “Events crowd in upon us in such quick succession that we are apt to miss their true significance.’ This is particularly true of the unhealthiest drift of recent events in the Supreme Court of India. The customary reverence formerly paid to judges of the Supreme Court is being systematically deflated. Pernicious attacks on the judiciary have become commonplace. Many are made by political parties and politicians. Some politicians who are distinguished members of the Supreme Court Bar, see enormous mileage in pursuing that course. But even beyond politicians, the attacks have been made with impunity by the media, academicians and limbs of the law. The recent spate of malicious attacks on our former most respected Harvard educated Chief Justice of India DY Chandrachud, particularly after he hung up his gloves on November 10, 2024, has shocked the conscience of all right thinking people who cherish and value democracy, the rule of law and the independence of the Judiciary. All I can say is that that the vicious attack of calumny and vilification set in motion against Chief Justice Chandrachud in the print, visual, broadcast and internet media, and that too without any cogent basis or tangible evidence, by vested political interests and ventilated by unscrupulous lawyer politicians (who ostensibly owe their allegiance to the Supreme Court) is a most ignominious development that deserves to be condemned by one and all in the strongest possible language. It is indeed lamentable that such personal and political attacks, led by politicians, politician lawyers and lawyers, have gone too far, nay crossed the ‘Lakshman Rekha’.
They have sometimes been devised to undermine the fundamental independence of judges of the highest judiciary, even to attempt to daunt judges or to sway the outcome of cases and to depreciate their irrepressible impartiality and integrity. The unconquerable power of democracy and the Rule of Law are being sought to be subverted and subjugated in a most sinister and malicious manner.
Behind the façade of the attacks on the judiciary, I see the evil hand of certain political parties (even invisibly supported by foreign forces inimical to India’s interests) to dislodge the smooth functioning of the highest court of the land by means foul rather than fair. In a democratic society, some criticism of the judiciary is inevitable. This is especially so at a time when there is a growing understanding of the inescapable choices which are open to judges. Just as decisions of the other branches of the government attract criticism, important and controversial decisions of the courts will inescapably do the same.
Into this ambience has been impregnated the technology of the modern media of communications. Unless there is a measure of restraint, the judicial institutions will be damaged and judicial integrity debilitated. The following features of the recent attacks on the judiciary have been distinctly intemperate. The personal targeting of identified judges. The attempt to intimidate them or to deflect them from fidelity to their oath of office to decide each case strictly on its merits. The unrelenting character and partisan political aspect of the attacks. A censurable feature of the barrage which cannot pass unnoticed is how a woman judge, who was the first lady judge to have been honoured with a well-deserved elevation straight from the Bar to the Bench, was singled out for a studied attack by a senior lady member of the Bar in April, 2018 before her swearing in. In April, 2018, there was also an unholy attempt to impeach another former Chief Justice of India supported by seven disgruntled opposition parties. Targeting judges, identifiable because of their sex, race or other minority considerations, attacking them by over-simplified and inaccurate generalisations, caters to public prejudice.
Such conduct is unworthy of our country that indefatigably claims to uphold fundamental rights and the rule of law. In the face of the onslaught, and under fire, there are a few strategies available to the judiciary. It would be a reprehensible judicial response to cave in to the pressure and to do exactly what the politicians, editorialists or other powerful interests desire. This would be a complete abdication of the judicial system. It, therefore, rests increasingly on the organised legal professionals to defend the judiciary, to correct blatant misinformation and to remind politicians, the media and others of the precious heritage of judicial neutrality and independence which we have enjoyed so proudly. In India, independence and conscientiousness are cherished features of the judiciary. Institutional protection for those features must be sustained.
Political attempts to undermine them should be spurned. Leaders of the legal profession, irrespective of their personal political leanings, should speak up where judges are unjustly assailed by politicians and others for carrying out their independent role. The increasingly adversarial and belligerent nature of our public discourse should not become contagious to the erosion of the balanced relationship of the judiciary with other branches of the government.
Legislators, members of the Executive Government and the judiciary should realise that each branch has its distinct part to play, without which constitutional government would falter and fail. But a genuine desire to protect and preserve the rule of law and the dignity and majesty of the highest court of the world’s largest working democracy. In this context, it would not be out of place to mention that our first President Dr Rajendra Prasad, himself an outstanding lawyer, described this “noble edifice” as the ‘Temple of Justice’ on the occasion of the inauguration of the new Supreme Court building on August 4,1958 in the august presence of Prime Minister Nehru, Vice President Dr. Sarvepalli Radhakrishnan, Chief Justice Sudhi Ranjan Das, his son-in-law Asoke Kumar Sen, the Union Law Minister and my senior and guru, Lok Sabha Speaker Ananthasayanam Ayyangar, and Attorney General Motilal Chimanlal Setalvad.
In conclusion, I am highly emboldened to commend to readers the stern message delivered by Justice Jamshed Burjor Pardiwala of the Supreme Court at the Second Justice HR Khanna Memorial Symposium on July 3, 2022, “Personal attack on judges for their judgements lead to a dangerous scenario where the judges have to think about what the media thinks, rather than what the law says.
This puts the rule of law on the burner, social and digital media are primarily resorted to expressing personalised opinions more against the judges, rather than a constructive critical appraisal of their judgments. This is what is harming the judicial institution and lowering its dignity. This is where digital and social media need to be regulated throughout the country to preserve the rule of law under our Constitution in India, which cannot be defined as a completely mature or defined democracy, social media is employed frequently to politicise purely legal and constitutional issues.”
(The author is an internationally reputed senior lawyer practising in the Supreme Court of India and various High Courts and Tribunals in India. Views expressed are personal)
