One of the most famous photo-ops in the history of the Supreme Court was the photo of the five judges in the Babri case holding hands to celebrate their judgement that was in favour of the Hindu community.
This photo was taken behind Court–I, and included the judges Ranjan Gogoi, Sharad Bobde, D.Y. Chandrachud, Ashok Bhushan and Abdul Nazeer. It was incredible–judges do not celebrate their judgments by suo motu photo-ops.
The outgoing Chief Justice of India Chandrachud’s new quest for public photo-ops does not celebrate victory of his judgments but of himself. Should this now be followed by all Supreme Court and High Court judges in India? Should the etiquette for the future be that all judges could take their children to the court they preside over and create a photo-op for the public?
Is it also appropriate for judges in India to invite the prime minister to a religious ceremony and make a spectacle out of it? What happens if the prime Minister and the judge are of different faiths? Or is this the exclusive privilege of Hindu judges when there is a Hindu Prime Minister?
Should all judges on the eve of their retirement visit the President, another spectacle that makes for the perfect photo-op? Can all the judges invite the PM or ministers to their home to celebrate their mutual religiosities under the full glare of publicity?
After an Independence Day celebration, we have a photo (not initiated by Chandrachud this time) where the CJI is doing a namaste to home minister Amit Shah (younger in age and lower in protocol). Should all judges endeavour to do this?
But let us come back to our photo hungry CJI Chandrachud and his self-propelled desire for photo-ops published in various publications across India. What is important is that apart from some administrative duties, the CJI is first amongst equals. What he can do in this capacity, every judge is entitled to do so, including High Court judges and Chief Justices.
CJI Chandrachud has set a precedent for voluntary public photo-ops for all judges to follow. It is not just about pictures clicked of public events where judges give lectures but also involves garnering self publicity at even private events, including hobnobbing with the prime minister, who represents the Executive. Of course, Chandrachud has also attended and created public events where his penchant for publicity has reigned supreme.
If CJI Chandrachud is entitled to such blatant self-publicity, it has set a precedent for every judge of the Supreme Court and High Court to do so. Should retiring judges of the Supreme Court or High Court meet the President or a Governor? Should they celebrate their judgments? Should they expose their lives and interactions with the executive suo-motu for publicity?
CJIs have no special right to self-publicity. In this regard, they are equal to all other SC and HC judges. CJI Chandrachud has broken the etiquette of judicial rectitude, followed by judges since independence and also adhered to by judges across the world. In doing so, he has compromised the status of the judiciary and the independence of the judiciary.
Rajeev Dhavan is a senior advocate.
This piece was first published on The India Cable – a premium newsletter from The Wire & Galileo Ideas – and has been updated and republished here. To subscribe to The India Cable, click here.