The All India Muslim Personal Law Board (AIMPLB) has written to all major political parties, urging them to take constitutional action in response to a speech delivered by Justice Shekhar Yadav of the Allahabad High Court on December 8, 2024. The Board alleges that the judge’s speech, made within the High Court premises, advanced a Hindu-majoritarian interpretation of secularism, raising serious concerns about judicial neutrality.
In a letter signed by General Secretary Maulana Mohammed Fazlur Rahim Mujaddidi, the Board criticised the speech for promoting a view of secularism “coloured by the strong religious consciousness of [Justice Yadav’s] own religious belief,” and for neglecting the constitutional principle of equal treatment for all religions.
“The Learned Judge appears to have disregarded that the secularism enshrined in our Constitution is inclusive and allows space for the religious and cultural practices of all communities,” the letter reads. “By advocating his personal agenda under the garb of constitutionalism, the Judge has undermined the Rule of Law.”
The Board further noted that despite the passage of six months since the speech, there has been no meaningful response from any constitutional or political authority. It expressed concern over the political class’s apparent inaction and urged elected representatives to uphold the constitutional framework by addressing the issue through the mechanisms provided under the Constitution.
The AIMPLB emphasized that a sitting judge of a constitutional court cannot afford to appear partisan, especially in a diverse and pluralistic society like India. “Diversity and inclusivity in our country do not permit a Judge to take sides as Justice Yadav has,” the letter asserts.
The representation reignites a national debate on the limits of judicial speech, the expectations of secularism in constitutional roles, and the need for accountability when personal belief systems appear to influence public constitutional responsibilities.
