New Delhi, Jul 19 (PTI) Bar Council of India (BCI) chairman and senior advocate Manan Kumar Mishra on Saturday strongly refuted senior lawyer Dushyant Dave’s claims about the alleged failure and compromise of the judiciary under Prime Minister Narendra Modi’s tenure.
In a statement, Mishra questioned Dave’s recent assertion that “since Modi took over as prime minister, every Chief Justice who assumed office has failed the judiciary. One after another, they compromised hundreds of cases under Modi’s influence”.
Mishra referred to several landmark judgements passed by the apex court during the tenure of different chief justices of India since May 2014, when the Modi government was formed.
“Let us examine the record, fact by fact, chief justice by chief justice, judgement by judgement. Let us evaluate each chief justice of India who served during Narendra Modi’s tenure from May 2014 to the present and assess whether their judicial leadership reflects compromise or courage, bias or constitutional fidelity,” he said.
Mishra said the credibility of such sweeping allegations cannot rest on rhetoric or perception alone, and it must withstand constitutional scrutiny and be tested against the objective conduct of the judiciary.
“A closer look reveals that far from failing the Constitution, the Supreme Court under each chief justice since May 2014 has delivered decisions that have affirmed and advanced democratic values, expanded civil liberties, upheld institutional independence, and preserved the foundational principles of our republic.” He said that if the judiciary was “indeed the single biggest reason for the collapse of the rule of law, one would expect to find a consistent pattern of judicial surrender to executive authority”.
“On the contrary, what emerges is a nuanced and often courageous assertion of judicial independence, frequently in opposition to the executive, and always within the bounds of constitutional discipline,” Mishra said in his long statement.
Dave has recently announced that he has quit the legal profession after 48 years of service at the Bar.
Mishra questioned the timing and intent behind Dave’s allegations, noting that he did not make such sweeping claims about “judicial compromise” during his active practice before the courts. He now critiques, but only after publicly announcing his retirement, the BCI chairman said.
He referred to the landmark April 8 verdict passed in the case Tamil Nadu versus Governor, in which a bench headed by Justice Pardiwala emphatically curtailed overreach by the Governor of Tamil Nadu in withholding assent to state bills.
“This ruling reaffirms the court’s commitment to federalism, representative democracy, and independence of the legislature, once again demonstrating that even in sensitive matters concerning state- centre relations, the judiciary continues to assert its constitutional authority.
“The judgement is a fitting capstone in your narrative, illustrating how the Supreme Court, under the guidance of a judge elevated during the Modi era, has vigilantly protected democratic processes from executive encroachment,” Mishra said.
He added that this underscores that “even non-chief justices appointed during this period, like Justice Pardiwala, have played pivotal roles in upholding constitutional checks and balances”.
Mishra highlighted that in a democracy, criticism of judgements is healthy and necessary but sweeping declarations with ulterior or remote political motives, that discredit every chief justice across 11 years, when unaccompanied by reasoned evidence, without factual basis or legal nuance, erode public trust in institutions and trivialize the moral courage that many judges have shown in the face of intense political and social scrutiny.
“The Indian Judiciary has not surrendered, it has stood as a bulwark of liberty, often in the face of political headwinds, societal polarisation, and institutional stress. The Supreme Court of India has not collapsed, it has, time and again, risen to protect the very rule of law that such accusations claim is in danger,” he said. PTI MNL MNL NSD NSD
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