by Prof Jagdeep Chhokar and Dr E A S Sarma
Appeal to Hon’ble Smt Droupadi Murmu President of India
Respected Rashtrapati Ji,
We refer to the “Restatement of Values of Judicial Life” adopted by the Hon’ble Supreme Court at its full Court Meeting on 7th May 1997 (https://main.sci.gov.in/pdf/Notice/02112020_090821.pdf), which, inter alia, laid down the following norm of conduct for judges:
“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”
We feel that the above resolution on the part of the judiciary is of paramount importance for ensuring that the members of the judiciary are not only apolitical and neutral but also appear to be so.
While it is indeed a laudable code of conduct imposed by the judiciary on itself, in recent times, there have been reports of some members of the judiciary, especially those in its higher echelons, ignoring it altogether, making divisive statements that tend to cause irreparable fissures in the society, eroding the public credibility of the institution of our judicial system.
In this connection, we wish to refer to a recent instance in which a sitting Judge of the Allahabad High Court, Justice Shekhar Kumar Yadav, attending a public function organised by the Vishwa Hindu Parishad (VHP), said, “I have no hesitation in stating that this is Hindustan, and this country will function according to the wishes of the majority living here. This is the law. It is not about speaking as a High Court Judge; rather, the law operates in accordance with the bahusankyak (majority). Consider this in the context of a family or society – only what ensures the welfare and happiness of the majority will be accepted.” (https://www.barandbench.com/news/litigation/who-is-justice-shekhar-kumar-yadav-how-the-judge-has-courted-controversy-in-the-past. A video recording of some parts of Justice Yadav’s speech at the VHP event can be accessed at
While political parties no doubt win elections on the basis of numbers, and laws, other than those that amend the Constitution, are enacted in the Parliament on the basis of a simple majority, it is the judiciary that has the responsibility of judging whether such laws are in conformity with the provisions of the Constitution, especially those that deal with the individual’s rights and the safeguards provided to protect the interests of minorities. Justice Yadav’s above cited observations tend to negate this and promote divisions in the society. Those observations also tend to erode public trust in the judiciary as an independent institution fully committed to the values of our Constitution.
In view of the wider implications of Justice Yadav’s speech and since his continuance as a judge of the High Court may erode the credibility of the judiciary as an impartial institution, we feel that it calls for urgent intervention on your part as the appointing authority for High Court judges under Article 217(1).
Article 217(1)(b) prescribes the procedure for removing a judge of the High Court. Under that Article, a Judge of the High Court may be removed from his office by an order of the President, passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.
Keeping that provision in view, since the President may send a message to either House of the Parliament on any matter under Article 86(2), we appeal to you to send an appropriate message on this to both the Houses of the Parliament to discuss this matter for urgent action.
We believe that such prompt action on your part will go a long way towards maintaining the credibility of our judicial system.
Respectfully,
Prof Jagdeep Chhokar, Former Professor of IIM(A)
Dr E A S Sarma, Former Secretary to the Government of India
