Introduction
In a recent statement, Chief Justice of India D Y Chandrachud emphasized that courts should not be considered temples of justice, nor should judges be viewed as deities.
Despite judges being addressed as "My Lord," the CJI underscored that judges are human and capable of erring.
This statement brings to light the important distinction between judicial and religious roles and highlights the necessity of maintaining a secular judiciary.
Religious Influence in Indian Society
Religious Tendencies: Indians exhibit a strong inclination towards religion, as noted by Sir Harcourt Butler, who stated that Indians are essentially religious while Europeans are secular.
This sentiment is echoed by Prime Minister Narendra Modi, who refers to the Constitution as his only holy book, indicating the deep intertwining of religion and governance.
Religious Oaths: Many Lok Sabha members and Union ministers take oaths in the name of God rather than solemnly affirming, illustrating the pervasive influence of religion in Indian politics.
For example, the raising of slogans like Jai Shri Ram and Allah in the House underscores the religious undertones in political processes.
Secularism Challenges: Indian society struggles with the concept of secularism, with religion dominating electoral campaigns despite legal prohibitions.
Historical instances such as Indira Gandhi being called Durga by Atal Bihari Vajpayee and Rajiv Gandhi launching his campaign from Ayodhya illustrate the political utilization of religious imagery.
Judicial Overreach in Religious Matters
Religious References in Judgments: Indian judges often cite religious texts in their rulings, leading to controversies.
For instance, in the Shah Bano case (1985), Justice Y V Chandrachud referred to Quranic verse 2:241, and in the privacy judgment (2017), Justice Bobde quoted Hindu and Islamic religious texts.
Court Decisions on Religious Issues: Courts have occasionally ventured into religious reforms, such as the Allahabad High Court’s 2021 directive for legal recognition of Hindu deities and the Uttarakhand High Court’s 2017 order granting legal personhood to rivers Ganga and Yamuna.
These decisions often spark debates and criticism from religious communities.
Constitutional Morality vs. Religious Reform
Limits of Judicial Authority: The judiciary should refrain from acting as a reformer of religions.
While constitutional morality is a noble goal, it is not the judiciary's role to enforce it.
The judiciary should focus on interpreting the law rather than theological doctrines.
Legal vs. Religious Reforms: Reforms should be pursued through constitutional and legal interpretations, not through religious texts.
For instance, top-down reforms in religious practices can be counterproductive and may lead to backlash from religious fanatics.
The Role of the Constitution
Reverence for the Constitution: The Constitution holds a revered status, often likened to a holy scripture.
However, this reverence should not translate into idolatry.
The Constitution is designed to provide a superior framework for governance, not to be treated as an immutable religious text.
Adaptability of Constitutions: Constitutions are not divine texts; they can be amended to reflect evolving societal values without compromising their core principles.
This adaptability is crucial for maintaining relevance in a changing socio-political landscape.
Conclusion
The judiciary must maintain its distinct role, separate from that of religious clergy, to ensure that it remains a rational and impartial arbiter of justice.
Judges should not be seen as reformers of religion, but rather as interpreters of the law.
Maintaining this distinction is essential for upholding the principles of secularism and constitutional morality in India.
Note: In this CAPF essay, the world limit has been crossed to give you more information, you can take relevant portions as per your need. Further, we have given subheadings for your reference. When you write in the UPSC exam, you don't need to do that.
Relevance for Competitive Exams
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Indian Judiciary and Religious Influence highlights the importance of maintaining a clear distinction between the roles of the judiciary and religious institutions, a crucial aspect of India's secular democracy.
Understanding these dynamics is essential for essay writing and current affairs sections in competitive exams.
The discussion on constitutional morality, judicial overreach, and secularism provides comprehensive insights into the complex interplay between law and religion in India.
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