Justice Kanth, who was transferred from the Delhi High Court to the Calcutta High Court in July 2023, attended a VHP-organized seminar advocating for the implementation of the UCC. During his address, he emphasized the necessity of a uniform legal framework to ensure equality and national integration. These comments, made in a public forum associated with a particular ideological stance, have raised concerns within the legal community regarding the impartiality expected of sitting judges.
The Supreme Court Collegium, responsible for appointments and transfers within the judiciary, summoned Justice Kanth to discuss the implications of his remarks. The Collegium, led by Chief Justice Dhananjaya Y. Chandrachud, is reportedly assessing whether his actions contravene the established norms of judicial conduct, which mandate that judges refrain from engaging in public debates on politically sensitive issues.
Legal experts have expressed varied opinions on the matter. Some argue that Justice Kanth's comments undermine the perceived neutrality of the judiciary, potentially eroding public trust. Others contend that judges, as citizens, retain the right to express their views on matters of national importance, provided they do not compromise their judicial responsibilities.
The VHP, known for its advocacy of Hindu nationalist causes, has been a prominent proponent of the UCC, asserting that it would eliminate discrepancies in personal laws across different religious communities. Critics, however, caution that such a code could impinge upon cultural and religious freedoms. Justice Kanth's association with the VHP event has, therefore, intensified the debate over the judiciary's role in politically charged discussions.
This incident follows Justice Kanth's transfer earlier this year, a move recommended by the Supreme Court Collegium in July 2023. The Collegium had proposed his transfer from the Delhi High Court to the Calcutta High Court for better administration of justice. Justice Kanth had requested a transfer to the High Court of Madhya Pradesh or Rajasthan or any other neighboring state, but the Collegium did not find merit in his request and reiterated its recommendation for his transfer to the Calcutta High Court.