Should CJI Chandrachud have invited Prime Minister Modi to his residence for Ganesh puja ? Different opinions have been expressed by different people about this.
My own opinion is that it was certainly improper.
This is because there is a cardinal principle that justice should not only be done but also appear to be done.
This principle was first laid down by Lord Hewart in Rex vs Sussex Justices, 1924
Judges should not mix, and not be seen to be mixing, with politicians, otherwise their verdicts, even if correct, would be regarded as tainted by the public. The judiciary has neither the sword nor the purse, and it is the public confidence which sustains it.
There are many cases in which the Central Govt, headed by PM Modi is a party, which are heard by a bench presided over by the CJI. Even if a verdict in favor of the Central Government is correct, many people may think otherwise if the two are seen together.
When I was Chief Justice of Madras High Court, one day the Chief Secretary of the state came to meet me with an invitation from the Chief Minister Jayalalitha, inviting me to attend the Republic Day function and parade in which the Governor of the state would take the salute. I told the Chief Secretary to convey my thanks to the Chief Minister for inviting me, but also convey my regrets since as a matter of principle I did not attend functions.
I did not tell him this, but the reason why I refused such invitations was that if I went there, some politician with a bad reputation may approach me, and someone may take a photograph of us together which may appear in the newspapers next day, what would the public think about me.?
When I was Chief Justice of Madras High Court ( 2004-2005 ) I never met the Chief Minister Jayalalitha or her opponent Mr
Once a person is appointed as a Judge, he has to live a reclusive life, like a hermit. He must sit at home in the evenings, instead of going around attending functions or parties. No doubt this is difficult, because man is a social being, and most people would like to party or give lectures on freedom and liberty to gatherings in the evenings. But once a person is appointed as a judge he must make this sacrifice
