When questioned about his comments regarding the protocol lapse at Chaitya Bhoomi, CJI Gavai replied that he is “not fussy” about protocols.
The three pillars of democracy – judiciary, legislature and executive – are equal, Chief Justice of India BR Gavai said on Sunday, adding that constitutional institutions must show respect to each other. His remarks came in the backdrop of a debate over judicial overreach stemming from a few recent rulings by the Supreme Court.
CJI BR Gavai, who took charge last month to become the second Dalit person to hold the office, was attending a felicitation ceremony in Mumbai. He subsequently visited Babasaheb Ambedkar’s memorial Chaitya Bhoomi during his visit to his home state, Maharashtra.
He also said protocol breaches by judges would trigger debates regarding Article 142, which grants the Supreme Court special powers. During his address at the event organized by the Bar Council of Maharashtra and Goa, the CJI noted the absence of three key officials: the Chief Secretary of Maharashtra, the Director General of Police, and the Mumbai Police Commissioner.
“The three pillars of democracy – Judiciary, Legislature and Executive – are equal. Every Constitutional institution must reciprocate and show respect to other institutions. When a person from Maharashtra becomes the Chief Justice of India and visits Maharashtra for the first time, if the Chief Secretary of Maharashtra, the Director General of Police or the Mumbai Police Commissioner don’t feel it appropriate to be present, then they need to reflect on that. Protocols are not something new, it’s a question of the respect one constitutional body gives to another,” CJI Gavai stated.
He further added, “When the head of a constitutional institution visits the state for the first time, the way they are treated should be reconsidered. Had it been any one of us, discussions about Article 142 would have arisen. These may seem like small things, but the public must be made aware of them.”
Subsequently, at Chaitya Bhoomi, Maharashtra Chief Secretary Sujata Saunik, Director General of Police Rashmi Shukla, and Mumbai Police Commissioner Deven Bharti were present, after being informed of the CJI’s remarks.
When questioned about his comments regarding the protocol lapse at Chaitya Bhoomi, CJI Gavai replied that he is “not fussy” about protocols but merely conveyed what had transpired.
