Supreme Court Declines Plea for Mandatory Guidelines Targeting Political Leaders
The Supreme Court of India on Tuesday firmly declined to entertain a petition that sought the establishment of mandatory guidelines for public officials and political leaders. This plea had specifically cited alleged discriminatory remarks made by Assam Chief Minister Himanta Biswa Sarma and Uttar Pradesh Chief Minister Yogi Adityanath as its basis.
Court Questions Neutrality of the Petition
A three-judge bench, presided over by Chief Justice of India Surya Kant, raised significant concerns regarding the impartiality of the petition. While acknowledging the distinguished status of the petitioners—former Delhi Lieutenant Governor Najeeb Jung and Professor Roop Rekha Verma—the bench observed that the plea appeared to selectively target certain individuals while ignoring others.
"The petitioners are eminent persons. We respect them. Ask the petitioners not to target any particular individual. Only selected individuals. Others very conveniently ignored. It is not fair," CJI Kant stated, as reported by the ANI news agency.
Suggestions for a Uniform Code of Conduct
The apex court proposed the formulation of a mandatory code of conduct applicable to all 'public figures,' drawing a parallel to the existing comprehensive regulations governing 'public servants.'
"We would like to impress upon all political parties the importance of constitutional morality, values, and mutual respect. These principles must be applied uniformly across the board, that is what we expect. When it comes to public figures and public servants, the position is different. For public servants, there is a wealth of laws, rules and mandates that govern conduct, everything is already in place. Some similar code of conduct," CJI Kant elaborated.
Petition Withdrawn for Future Revision
Senior advocate Kapil Sibal, representing the petitioners, subsequently requested permission to withdraw the petition. He indicated an intention to return with a more comprehensive and inclusive plea addressing the broader issue of conduct for public figures.
Context of the Recent Controversy
This judicial development follows a recent controversy involving the Bharatiya Janata Party's Assam unit. The party had posted a video on social media platform X, which showed Chief Minister Himanta Biswa Sarma purportedly aiming a rifle at two individuals—one wearing a skullcap and another with a beard. The video was later deleted after facing widespread public backlash.
Supreme Court's Stance on Judicial Process
Just one day prior to this hearing, the Supreme Court had refused to order a separate Special Investigation Team (SIT) probe into the specific video incident. Instead, the bench directed the concerned petitioners to approach the Gauhati High Court first.
The court expressed deep concern over what it termed a "disturbing trend" of litigants bypassing High Courts and approaching the Supreme Court directly, particularly during election periods.
"This is a disturbing trend that every matter ends up here. We have already deprived High Courts of environmental and commercial litigations," the bench remarked, underscoring the importance of maintaining the hierarchical structure of the judiciary.
The Supreme Court's decision highlights its commitment to judicial propriety and the principle of uniform application of laws, while simultaneously opening a dialogue on the need for a standardized ethical framework for all individuals in the public eye.