Chief Justice Chandrachud’s ethical exceptionalism

Justice D.Y. Chandrachud's conduct raises serious questions about the sufficiency of ethical standards for Supreme Court judges, and it is time an enforceable code of conduct is drawn and religiously implemented, writes Ashish Goel.

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THE 50th Chief Justice of India (CJI), Justice Dr D.Y. Chandrachud, will retire on November 10. Before entering office two years ago, the CJI took a solemn constitutional oath to bear true faith and allegiance to the Constitution of India, to perform the duties of the office of the CJI without fear or favour, and to uphold the Constitution of India.

Some of the disturbing ethical lapses that the CJI's two-year tenure has brought to the fore reveal that he has not been fully conscious and cognisant of his oath. Justice Chandrachud is deeply, and actively, religious— from what he has unfailingly made us all realise over the past two years. There is nothing wrong with that per se. Judges, like most human beings, have deep-seated religious convictions and are constitutionally entitled to practice their religion and faith.

However, in a plural and secular constitutional democracy, it is inappropriate and unethical for the CJI to publicise his religion. To proudly wear it on his sleeves in his public appearances. The CJI's personal religious convictions should not have come in the way, or seem to have come in the way, of objective judicial decision-making, which must inevitably be influenced by legal doctrines and constitutionalism.