NEW DELHI: The Supreme Court on Tuesday took cognizance of a controversial speech by Justice Shekhar Kumar Yadav of the Allahabad High Court. Speaking at a Vishwa Hindu Parishad (VHP) event on Sunday, Justice Yadav reportedly stated that the country should function according to the wishes of the “bahusankhyak (majority)” and made remarks considered pejorative towards certain religious groups. His comments, primarily advocating for the Uniform Civil Code (UCC), have been criticized as unconstitutional and biased against minority communities.
The apex court, led by Chief Justice of India (CJI) Sanjiv Khanna, sought a detailed report on the matter from the Allahabad High Court. “The SC has taken note of newspaper reports regarding Justice Yadav’s speech. Details have been sought, and the matter is under consideration,” read a statement from the Supreme Court administration.
Contentious Remarks and Allegations
During his speech, Justice Yadav highlighted issues he claimed were specific to the Muslim community, such as triple talaq and polygamy, while praising the reforms within Hindu practices, including the abolition of Sati and female foeticide. He argued for the necessity of a Uniform Civil Code, questioning why there should not be a single law for all citizens under one Constitution.
Justice Yadav also stated, “This is Hindustan; this country will function as per the wishes of the majority living in Hindustan. This is the law. The majority determines the functioning of families, society, and the country.”
The remarks were met with widespread backlash, with critics asserting that they undermine the secular and impartial principles of the judiciary.
Institutional Response and Calls for Action
The Campaign for Judicial Accountability and Reforms (CJAR), an NGO led by prominent legal experts, filed a formal complaint with CJI Khanna. The organization demanded an in-house inquiry into Justice Yadav’s conduct and the suspension of his judicial duties. “Such communally charged statements by a sitting judge erode public trust in the judiciary’s integrity and impartiality. They also violate the judge’s oath to uphold the Constitution impartially,” the complaint stated.
Senior advocate and Supreme Court Bar Association President Kapil Sibal escalated the matter, advocating for Justice Yadav’s impeachment. Sibal urged the Prime Minister, Home Minister, and BJP MPs to support the impeachment process, emphasizing the need for a strong institutional response to safeguard judicial independence.
Broader Implications
The controversy has raised serious concerns about judicial neutrality and the responsibility of judges to refrain from public statements that may be perceived as biased. Legal experts and activists argue that such remarks compromise public faith in the judiciary and contravene the constitutional values judges are sworn to uphold.
The matter remains under consideration, with the Supreme Court expected to take further action based on the Allahabad High Court’s report and the findings of the inquiry.
