The MTA Speaks: CJI Gavai’s Protocol Controversy: Was the judiciary insulted in Maharashtra?

New Delhi: Though there are often reports of hushed differences between the three pillars of the country—the legislature, the executive, and the judiciary—what happened in Mumbai yesterday is very surprising.

CJI Gavai's first visit and a surprising mistake

It so happened that Justice BR Gavai, the second Dalit judge to occupy the CJI chair in the history of the judiciary, went on his first visit to his home state of Maharashtra four days after taking oath.

In Mumbai, he had to participate in a program of the Bar Council of Maharashtra and Goa, but when CJI Gavai reached the airport, according to the set protocol, the top officials of the state, the Chief Secretary and the DGP or the Police Commissioner, did not come to receive him.

The well-known journalist Manoj Tibrewal Aakash discussed in his special show "The MTA Speaks" that Chief Justice Gavai was displeased with a protocol lapse during his first visit to Maharashtra after taking office.

Insult of a constitutional institution or negligence?

The point to be noted here is that these IAS and IPS officers have insulted not a particular person but the highest institution of the judiciary. Now the question is why did these officers do this, and should they be punished for it?

The question is also whether these officers did this on their own or did they do so due to the political patronage of the state. We will discuss this, but before that, let us tell you how this secret was revealed: the top officials of the state did not come to receive the CJI as per the protocol in his first visit after taking oath.

The revelation was made by the comment of the CJI in the program

It happened that, as per his scheduled program, CJI reached the program of the Mumbai Bar Council. Here, when it was his turn to address, he mentioned this and said that "the three pillars of democracy—judiciary, legislature, and executive—are equal.

Every constitutional institution should respect other institutions and maintain mutual decorum. When a person from Maharashtra becomes the Chief Justice of India and comes to Maharashtra for the first time, if the Chief Secretary of Maharashtra, Director General of Police, or Mumbai Police Commissioner do not find it appropriate to be present there, they should consider it.

Protocol is nothing new; it is a matter of respect that one constitutional institution gives to another institution."

CJI Gavai's balanced but clear message

CJI Gavai also said that "I do not want to point out small things, nor do I want to make it a big deal, but respect should be given to everyone." This statement of the CJI shows that he did not take this violation of protocol personally, and he was stressing more institutional respect. Then he said that he does not want to exaggerate small matters, but everyone has to respect each other.

The comment came in the background of the debate on constitutional limits.

On this behavior of the executive, he said that if the judges had violated the protocol, then by now the discussion on Article 142 of the Constitution would have started. This comment of the Chief Justice has come at a time when there is a debate going on between the judiciary and the executive about the limits and autonomy of constitutional institutions.

Arrogance of IAS officers or someone's signal?

Now we will talk about why these officers of Maharashtra did this, and they should be punished for it. Do IAS officers live in a different kind of arrogance? If they passed the UPSC exam, then they got the right to consider themselves I am supreme."

Are they above the system and the set protocol? After all, what kind of arrogance do the officers live in? The question is also, did any of their political bosses tell these officers to do this serious misdeed? Even if they said so, then these officers should have done so.

Will the government take action against these officers?

It will also have to be seen whether the state government takes any action against the Chief Secretary, DGP, and police commissioner of Maharashtra or not. This will automatically provide answers to many questions.

Attempt to correct the mistake: Presence at Chaityabhoomi

After the completion of this program of the Bar Council, when CJI Gavai reached Dr. BR Ambedkar's Samadhi Sthal Chaityabhoomi for his next program, Maharashtra Chief Secretary Sujata Saunik, Director General of Police Rashmi Shukla, and Mumbai Police Commissioner Deven Bharti were present there.

It is being said that these three officers came to know about the Chief Justice's comment and were shocked, then appeared before the CJI to correct their mistake.

CJI's follow-up statement: This is not just protocol.

Speaking to reporters later, CJI Gavai said that he is "not worried about protocol." But it is his duty to tell what he experienced. He said that this is not just a matter of 'protocol' but constitutional behavior. It is important to make the public aware of this.

Justice Gavai's struggle-filled life

Just five days ago, on 14 May, Justice Gavai was sworn in as the 52nd Chief Justice of the Supreme Court. He is only the second Dalit and the first Buddhist judge to reach this position. Justice Gavai is considered to be a straight talker and very low-profile. His early life was full of struggles.

He was born on 24 November 1960 in Amravati, Maharashtra. Justice Gavai's childhood was spent in Fraserpura, a slum in Amravati, and he studied in the municipal school there. He studied in Marathi medium.

Justice Gavai's struggle-filled life introduction

Just five days ago, on 14 May, Justice Gavai was sworn in as the 52nd Chief Justice of the Supreme Court. He is only the second Dalit and the first Buddhist judge to reach this chair. Justice Gavai is considered to be a straight talker and very low-profile. His early life was full of struggles.

He was born on 24 November 1960 in Amravati, Maharashtra. Justice Gavai's childhood was spent in Fraserpura, a slum in Amravati, and he studied in the municipal school there. Sitting on the ground in a Marathi-medium school, he studied till class seven like ordinary children. He did his further studies in Mumbai, Nagpur, and Amravati.

Points of reflection: Deep questions and social context

Broad context on balance and mutual respect between constitutional institutions: In the democracy of India, there is a delicate line of vigilance and cooperation between the executive, legislature, and judiciary, and if any of them brings imbalance, then the democratic system is affected.

Question on Governor's silence: Shouldn't the Governor take suo motu cognizance of this matter? If the governor also doesn't pay attention, then this becomes a serious question, because insult of the judiciary is not just a state issue.

Socio-symbolic aspect: We don't want to say this, but still the question is relevant and is a topic of discussion among the people: whether this violation of protocol is a result of caste mentality. Justice Gavai comes from a Dalit and Buddhist background. Personally, I don't believe so, but if there is a question, then people have the right to know the answer.

Public reaction/social media trends: There is a wide reaction on social media and other mediums in this matter, and people are calling this act of the officers completely wrong.