Justice Shekhar Yadav’s defiance, a challenge to the Supreme Court Collegium

On December 8, 2024, speaking astatine an lawsuit successful Prayagraj organised by the Vishva Hindu Parishad (VHP) connected the “Necessity of Uniform Civil Code”, Justice Yadav reportedly utilized a slur to notation to Muslims. He besides reportedly said: “You person a misconception that if a instrumentality (UCC) is brought in, it volition beryllium against your Shariyat, your Islam and your Quran,” Justice Yadav said. “But I privation to accidental 1 much thing… whether it is your idiosyncratic law, our Hindu law, your Quran oregon whether it is our Gita, arsenic I said we person addressed the ills (buraaiyan) successful our practices… kamiyan thi, durust kar liye hain (the shortcomings person been addressed)… untouchability… sati, jauhar… pistillate foeticide… We person addressed each those issues… Then wherefore are you not doing distant with this law… that portion your archetypal woman is there…you tin person 3 wives… without her consent… That is not acceptable.”

Following his aforesaid statement, determination was an uproar successful Parliament that led to 55 Rajya Sabha MPs moving for the initiation of impeachment proceedings against him. His comments raised galore an eyebrow successful the judicial fraternity arsenic well. On the organization front, helium was reportedly summoned by the Supreme Court collegium and was asked to tender a nationalist apology for his remarks. The Chief Justice of the Allahabad High Court also, astatine the lawsuit of the Chief Justice of India, sought his comments connected the speech. In response, Justice Yadav is reported to person maintained that helium had not violated immoderate rule of judicial behaviour and that the judiciary, often incapable to support itself publicly, requires enactment from elder members of the fraternity.

It appears, then, that Justice Yadav is not successful the slightest remorseful implicit his connection and wants to brazen it out. One would person thought that aft each the tempest that his remarks had created helium would person looked within. On the contrary, helium wants the elder members of the judicial fraternity to travel to his aid. In airy of his stand, it is present up to the Supreme Court to instrumentality a telephone connected his reported statement, each connection of which was against the halfway values of the Constitution, founded connected the principles of equality, justice, fraternity and secularism.

When helium says that this state volition relation arsenic per the wishes of the bulk community, Justice Yadav is turning the Constitution connected its head. He is intelligibly and unequivocally adding his dependable to each those who are clamouring to marque India a Hindu Rashtra. And, erstwhile helium talks successful presumption of “we” and “they”, “our Gita” and “their Quran”, helium is intelligibly othering Muslims. What Justice Yadav reportedly said astatine the VHP lawsuit was not lone against the Constitution, it was besides successful usurpation of the oath of bureau that helium took earlier assuming complaint arsenic a precocious tribunal judge: He solemnly affirmed that helium would carnivore existent religion and allegiance to the Constitution of India and would execute the duties of his bureau to the champion of his abilities without fearfulness oregon favour, affection oregon sick will.

Equality, liberty and fraternity are the pillars of the Constitution — what was allegedly said was advocating the worst benignant of tyranny.

For implicit a decade, we person been witnessing immoderate right-wing politicians and alleged “gurus” giving clarion calls to marque India a Hindu Rashtra. Unfortunately, this inclination seems to beryllium spreading successful the judiciary excessively — though, astatine present, astatine a minuscule level. Many judge that it was wholly inappropriate for Justice Yadav to person attended an lawsuit organised by VHP, which bears the tag of a Hindu organisation advocating a Hindu Rashtra. A justice is bound by his oath of office. He swears successful the sanction of the Constitution of India and erstwhile helium does so, thereafter, arsenic a judge, ceases to beryllium a Hindu oregon Muslim oregon of immoderate caste oregon creed. The Constitution of India becomes his religion, his faith. He indispensable retrieve what Baron de Montesquieu said: “There is nary tyranny crueller than that which is perpetuated nether the shield of instrumentality and successful the sanction of justice.”

Justice Yadav’s defiance and his refusal to measurement backmost is tantamount to throwing a situation to the Supreme Court collegium. It is up to the Supreme Court to respond.

The writer is simply a erstwhile justice of the Delhi High Court