New Delhi: A political storm has erupted after Rahul Gandhi, Leader of the Opposition in the Lok Sabha, was absent from the oath-taking ceremony of the 51st Chief Justice of India (CJI), Sanjiv Khanna, on Monday, November 11, 2024. The Bharatiya Janata Party (BJP) has seized on his absence, launching a sharp attack on the Congress party and questioning Gandhi's commitment to the judiciary.

The BJP's criticism has been particularly pointed, with some leaders alluding to a historical context involving CJI Khanna's uncle, Justice Hans Raj Khanna, and his dissenting opinion during the Emergency era under then-Prime Minister Indira Gandhi. Justice H.R. Khanna was the lone dissenting judge in the ADM Jabalpur vs. Shivkant Shukla case in 1976, arguing against the suspension of personal liberties during the Emergency. Subsequently, Justice H.R. Khanna was superseded for the position of CJI, a move perceived as a repercussion of his dissenting opinion against Indira Gandhi.

BJP National Spokesperson Pradeep Bhandari stated that Rahul Gandhi's absence reflected a mindset similar to that of his grandmother, Indira Gandhi, characterized by a preference for a "committed judiciary" rather than an independent one. Bhandari further added that Congress prefers a judiciary that listens to the Gandhi family, not the Constitution.

The BJP has used Gandhi's absence to question his commitment to constitutional values and institutions. They argued that as Leader of the Opposition, a constitutional post, Gandhi should have been present at the ceremony. Some BJP leaders have insinuated that Gandhi's absence indicates a personal grudge against CJI Khanna or his family due to the Emergency-era events.

In response to the criticism, the Congress party has not issued an official statement explaining Gandhi's absence. However, reports indicate that Gandhi was campaigning in Wayanad, Kerala, for his sister Priyanka Gandhi Vadra, who is contesting the parliamentary by-polls. Gandhi had previously won the Wayanad seat but chose to represent Rae Bareli in the Lok Sabha. Voting for the Wayanad by-poll took place on November 20, with results expected on November 23.

Despite the political attacks, Congress President Mallikarjun Kharge extended his congratulations to CJI Khanna, acknowledging the weight of responsibility and expectations that come with the position.

The controversy surrounding Gandhi's absence has ignited a debate about the importance of attending such events and the message it sends to the public. While the BJP has portrayed it as a sign of disrespect towards the judiciary and a reflection of the Congress party's historical tendencies, others may see it as a matter of prioritizing political commitments. The incident has also brought renewed attention to the Emergency era and its impact on the Indian judiciary.