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When CJI BR Gavai reached his hometown, a controversy arose there. Watch exclusive analysis on the special show “The MTA Speaks” by the veteran journalist Manoj Tibrewal Aakash
CJI BR Gavai in a program of Bar Council
New Delhi: Often there are reports of hushed differences between the country's three pillars, the legislature, the executive and the judiciary, but what happened in Mumbai on Monday is very surprising. Justice BR Gavai, the second Dalit judge to occupy the CJI's chair in the history of the judiciary, went on his first visit to his home state of Maharashtra four days after taking oath.
Here 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 state's top officials, the Chief Secretary and the DGP or the Police Commissioner did not come to receive him. This step of these officers is a complete violation of the protocol set in the nation.
While analysing this in his special show "The MTA Speaks", the country's veteran journalist, Manoj Tibrewal Aakash, said that what happened in Mumbai and which redefined the balance between the judiciary, the executive, and the legislature, was a complete violation of a serious protocol, and it not only includes the insult of a particular person, but also the insult of the highest institution of the judiciary.
Justice BR Gavai, who is the second Dalit and the first Buddhist judge to become the Chief Justice of India, visited his home state of Maharashtra four days after taking oath. During this time, he had to attend the program of the Bar Council of Maharashtra and Goa. When he reached the airport, according to the protocol, the top officials of the state, such as the Chief Secretary and the Director General of Police, were not present there to receive him. This is a complete violation of a serious protocol and an insult to the highest institution of the judiciary.
The question arises, why did these officers behave like this? Was it a matter of their personal confidence, or was there political pressure on them? The confidence of IAS and IPS officers in high positions often leads them to think that they are above all directives of the government. They feel that they are invincible, and bear no responsibility for their actions.
When the incident was investigated, it became clear that disrespecting the judiciary is against the responsible behaviour of any officer. Is it really such a big deal that the presence of the Chief Justice is of no significance? According to a report, in fact, this is an underlying problem - people understand the game of politics and dominance, but when it comes to the judiciary, there should be prudence and mutual respect.
There is another important point in this case - the silence of the Governor. Should he not have taken suo motu cognisance of the matter? If the Governor himself did not take notice of it, then it becomes a serious question. This is not only an insult to the judiciary, but also a sign of a larger political game in which constitutional institutions that should be respected are ignored.
Moreover, is this breach of protocol a product of caste mindset? Justice Gavai comes from a Dalit and Buddhist background. Some people believe that this – the lapses by the Chief Secretary, Director General of Police and other officials – make it seem as if they wanted to humiliate Justice Gavai in some way. This allegation may seem absurd, but the issue is being discussed in public, and we should not ignore it.
There was a widespread reaction to this incident on social media. People are not only calling this action of the officers wrong, but are also calling it a big violation of our constitutional article. If these people cannot respect their posts, then what right do they have to hold high office? Many users have termed it an "insult to the system".
Justice Gavai himself said on this that "It is not just a matter of 'protocol' but constitutional behavior." Justice Gavai's statement is absolutely correct in today's context. If the violation of protocol is not taken seriously, it will weaken the foundation of India's democracy. We need to understand that our Constitution and institutions depend on mutual respect and cooperation.
The balance and mutual respect between the legislature, executive, and judiciary in India are always on a delicate line. When one party breaks this balance, it affects not only that particular event but also the entire democratic fabric. Justice Gavai pointed out that, "If the judges had violated the protocol, a discussion on Article 142 of the Constitution would have started by now." This statement clearly indicates that following the rules is necessary for everyone, not just for a few individuals.
Following administrative rules and protocols is not limited to the judiciary or institutions, but it is also the responsibility of officers who represent the government. Are these IAS and IPS officers proud that they have cleared the UPSC exam? They do not forget this It should be understood that their job is to serve the public, not to violate protocol and insult persons holding high-level positions.
It remains to be seen what kind of action the Maharashtra government takes against the individuals. If no concrete steps are taken, it gives reason to wonder if such officers are living in their own arrogance or are facing any political pressure.
"This is not just a matter of protocol," Justice Gavai said. "It is a constitutional requirement. Not only this, he said, this is not just a story of personal insult, but it is a story of the survival of our democracy. We have to take it seriously."
Justice Gavai himself said on this that "It is not just a matter of 'protocol' but constitutional behaviour." Justice Gavai's statement is absolutely correct in today's context. If the violation of protocol is not taken seriously, it will weaken the foundation of India's democracy. We need to understand that our Constitution and institutions depend on mutual respect and cooperation.
The balance and mutual respect between the legislature, executive, and judiciary in India are always on a delicate line. When one party breaks this balance, it affects not only that particular event but also the entire democratic fabric. Justice Gavai pointed out that, "If the judges had violated the protocol, a discussion on Article 142 of the Constitution would have started by now." This statement clearly indicates that following the rules is necessary for everyone, not just for a few individuals.
Following administrative rules and protocols is not limited to the judiciary or institutions, but it is also the responsibility of officers who represent the government. Are these IAS and IPS officers proud that they have cleared the UPSC exam? They do not forget this. It should be understood that their job is to serve the public, not to violate protocol and insult persons holding high-level positions.
It remains to be seen what kind of action the Maharashtra government takes against the individuals. If no concrete steps are taken, it gives reason to wonder if such officers are living in their own arrogance or are facing any political pressure.
"This is not just a matter of protocol," Justice Gavai said, it is a constitutional requirement. Not only this, he said, this is not just a story of personal insult, but it is a story of the survival of our democracy. We have to take it seriously."
