NEW DELHI: The Young Lawyers Association of India (YLAI) has strongly condemned the campaign of public calls demanding the resignation of Chief Justice of India (CJI) Surya Kant.
YLAI notes that the Chief Justice, in declining a request from Opposition leaders for a meeting, has reportedly cited matters concerning the Special Intensive Revision (SIR) of electoral rolls that are pending before the Supreme Court.
Our legal system has long held that a judge should not meet one side to a matter privately while that matter is before the Court. Such a meeting, however well-meant, can create a perception of bias and is unfair to the other parties, said YLAI's National Convener, Utsav Singh Bains.
"The Chief Justice has also said that the doors of the Supreme Court are open to every citizen and elected representative through a petition. In following this settled practice and pointing the leaders to the judicial route, the Chief Justice acted to protect the independence and impartiality of the judiciary. This is no cause for criticism, and it certainly gives no ground to demand his resignation," YLAI added.
The Chief Justice heads an institution that is the final guardian of the Constitution. Demands for his resignation, driven by public pressure rather than any constitutional process, weaken the independence of the judiciary and the trust citizens place in it, Bains further stated.
YLAI believes in the freedom of speech and the right to criticise. Judicial orders, observations and public remarks can and should be debated through reasoned argument, review and the remedies the law provides. But organised demands for a Chief Justice to step down, outside the process the Constitution lays down for the removal of judges, do not amount to legitimate criticism. They are an attempt to pressure the institution, the organisation said.
"As young members of the Bar, we have a direct stake in a fearless and independent judiciary," the association said.
"We urge all groups and public figures to express disagreement peacefully and within constitutional limits, and to protect the dignity of the Supreme Court. YLAI reaffirms its commitment to the Constitution, the rule of law and the independence of the judiciary," YLAI added.