Judiciary’s Role Is To Scrutinise Laws, Not Act As Opposition, Says Ex-CJI Chandrachud
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Chandrachud’s remarks come in response to comments made by Rahul Gandhi, who had stated that the Opposition is fulfilling the role of the judiciary in India
Former CJI DY Chandrachud (File)
Former Chief Justice of India DY Chandrachud has said that the judiciary’s role is to “scrutinise laws” and that it should not be expected to take on the functions of the Opposition in Parliament or state legislatures.
Chandrachud’s remarks come in response to comments made by Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, who had stated that the Opposition is fulfilling the role of the judiciary in India.
Gandhi had said, “We are alone working on the behalf of media, investigative agencies and judiciary also. This is the reality of India.”
While Chandrachud refrained from directly addressing Gandhi’s statement, noting that it was not for him to comment on political matters, he emphasised that “people should not presume that the judiciary should be performing the role of the opposition in Parliament or the State legislatures.”
He further added, “We are here to scrutinise laws,” stressing that the judiciary’s function is not to act as a political entity or be used for political purposes.
The former CJI also responded to questions regarding the public scrutiny of interactions between judicial figures and politicians. When asked about the nature of discussions with the Prime Minister and the Leader of the Opposition, Chandrachud clarified that, like anyone else, judges sometimes engage in informal conversations after official meetings.
He noted that the law sometimes requires discussions between the Chief Justice, the Prime Minister, and the Leader of the Opposition. After such meetings, it is natural for them to spend time together talking informally.
“After you’re done with those conclusions, you are human beings, right? You’re going to spend 10 minutes after that having a cup of tea, talking about everything under the sun from cricket to movies to something,” he noted.
