India's Newly Appointed Chief Justice, B.R. Gavai, Expresses Displeasure Over Protocol Lapses During Maharashtra Visit. He stated that the absence of senior officials during the welcome was serious, and respect should be accorded to all pillars of democracy.
Maharashtra: Newly appointed Chief Justice of India (CJI) B.R. Gavai expressed his displeasure over the Maharashtra administration's failure to adhere to established protocol during his recent visit to the state. He stated that when an individual, after attaining the highest judicial position in the country, visits their home state for the first time, a welcome by the state's top officials is not merely a formality but a part of constitutional tradition. This remark was made during a felicitation ceremony organized by the Maharashtra and Goa Bar Council in Mumbai.
"Absence of Chief Secretary, DGP, and Police Commissioner a Serious Matter"
CJI Gavai explicitly stated that the absence of the Maharashtra Chief Secretary, Director General of Police, and the Mumbai Police Commissioner from his reception was deeply unfortunate. He emphasized that this was not merely a personal grievance but a matter concerning the essential mutual respect between the three pillars of democracy – the judiciary, executive, and legislature.
According to the CJI, when the Chief Justice of India, the head of a constitutional body, visits their home state, a formal welcome should be accorded as per constitutional norms.
"Not a Trivial Matter, Protocol Symbolizes Respect"
Speaking at the event, CJI Gavai stated that while he personally did not wish to dwell on such 'minor' issues, it was necessary to publicly discuss the matter to maintain awareness of constitutional traditions within both society and the system. He rejected the notion of protocol as mere formality, emphasizing that it symbolizes mutual respect and dignity among constitutional bodies. Gavai also mentioned that if it were someone else, Article 142 might have been invoked.
CJI Visits Chaitya Bhoomi; Top Officials Present
Hours after CJI Gavai's displeasure became public knowledge, when he visited Chaitya Bhoomi in Dadar – where he paid tribute to Dr. Bhimrao Ambedkar – Maharashtra Chief Secretary Smita Sonik, DGP Rashmi Shukla, and Mumbai Police Commissioner Devendra Bharti were present. Gavai stated there that he wasn't concerned about protocol on this visit, but it was necessary to highlight its constitutional significance.
Protocol Signifies Not Just a Welcome, but the Dignity of Democracy
In a democratic country like India, the Constitution is supreme, and the balance and respect between its three pillars – the judiciary, executive, and legislature – are fundamental to democracy. When the Chief Justice visits a state, the presence and welcome by the state government's top officials are considered part of this constitutional balance. This includes airport reception, providing government VIP guest houses for accommodation, ensuring security arrangements, and the presence of senior officials at events.
Displeasure Expressed Over Absence of Farewell for Justice Bela Trivedi
Earlier, CJI Gavai had expressed his unhappiness over the Supreme Court Bar Association's decision not to accord a traditional farewell to Justice Bela Trivedi upon her retirement. He stated that while disagreements may occur, a lack of respect should not. He also emphasized that judges may differ, but the dignity of a constitutional position must always be upheld. CJI Gavai commended senior advocate and Bar president Kapil Sibal for his presence at the event, which he saw as a symbol of respect for Justice Trivedi.
Justice Gavai's Faith in the Constitution
CJI B.R. Gavai, who became the 52nd Chief Justice of India on May 14th, delivered a clear message at the event that the Indian Constitution is supreme, and all three branches should serve the nation within the framework of the Constitution. He stated that the country has made significant socio-economic progress and will continue to do so, provided we maintain respect for our Constitution and its values.
