Congress Party has a different approach at managing the things. It would not be entirely incorrect to say that Congress Party in India is a deep state within the state of sovereign India. Browbeating or rewarding the judicial officers is part of the it’s formula to access or to remain in power.
Ranjan Gogoi the present Chief Justice of India committed a sacrilege last week when he issued notice to clown Prince in contempt petition file by BJP MP Meenakshi Lekhi. It was alleged that Rahul Gandhi had publicly called that “supreme court has held that Chokidar is chor”. There is video proof of the fact hence there is no easy way out.
As a matter of fact the judgement referred did not deal with the subject at all. It deal with admissibility of documents produced before court. Read it here.
What was the expectations from Chief Justice?
When the lie is so apparent, how could a court ignore? The reasons lie in the past. High expectations are based on low performance of judiciary in the past. They crawled when asked to bend.
12th January 2012 is a historic day when 4 sitting judges of Supreme Court (J. Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph) held a press conference and told the nation that they have differences of opinion with master of rolls i.e. Chief Justice of India Sh. Dipak Misra. Justice Chelameswar, when asked “Should CJI be impeached?” his reply was that let nation decide.
Appointment of Judges
India is the only country in the World where Government has almost no control over appointment of judges. Judges appoint judges. Nepotism is shamelessly rampant. Since these are senior most judges, they have more at stake. They are the appointing authority is a collegium alongwith CJI who appoint judges. All media reports overlook this fact.
Aggrieved judges did not mention about the reasons for approaching the press but have only mentioned vaguely about issues. On enquiry it was replied that it they were concerned about listing of a case relating to death of Justice Loya of Maharashtra High Court.
Ordinarily the disputes among judges should be decided by themselves in Full Court meetings. Why could these judges not raise the issue in Full Court Meeting? What about view of remaining 20 or so judges? Continue reading →
Eulogy to a judge who imposed Martial Law in Delhi in 2006
Y. K. Sabharwal (Yogesh Kumar Sabharwal) was a name I became familiar with when I had started my career as a junior lawyer with a government counsel. Yesterday Y. K. Sabharwal passed away and would be cremated in a short while. Every person has many personas and different people remember a person differently. I have my remembrance about Justice Sabharwal. Continue reading →
THE NATIONAL JUDICIAL APPOINTMENTS COMMISSION ACT, 2014
A constitution bench of Supreme Court of India is hearing the challenge to the validity of NJAC Act, 2014. In doing so they were not discreet about the fact that judges are the interested parties. The arguments far from being adversarial have been turned into inquisitive enquiry as is apparent by the line of questioning by the judges. It appears that judges are evaluating as to which system is best. The earlier system where executive appointed the judges and grossly abused the position or the present system of in which judges themselves appoint the judges and which is apparently full of nepotism as nearly a 1/5th of all the judges appointed in high courts and supreme court is related to a previous judge. Living or dead. Unfortunately the question of nepotism was not raised by Attorney General with empirical data. At least news papers did not report it. The present system has come under flak from retired judges themselves. One such criticism of judges appointing judges is here. Regarding the corruption by the relatives of judges and inaction by appointing judges read here. Another similar story about corruption is here. Another report about rich relatives of former Chief Justice of India is here. How retired judges are using prefix ‘Justice’ forever i.e. even after demitting the office is another mystery in the face of express prohibition in Constitution. But who can judge the judges?
Any how, the line of enquiry by court in NJAC case is similar to the substantive due process arguments in the USA and is very delicate. It would be wise to tread on this line carefully. In my view court can not lay down the policy of appointment or evaluate a better one. Rather has only to see if the one propounded before it does not deviate from overall scheme of Constitution and thus does not violate basic structure of constitution. Of course it can judicially review it on all other available grounds like arbitrariness etc.
What is similar between India, Pakistan and Mynamar?
It is unfortunate that system of appointment of judges by judges finds similarity with two quasi totalitarian or totalitarian countries where military appoints military and the Government has no say and people have no right to know anything about it.
The fact that Corruption is rampant in India is no more a matter of debate but is a matter of fact. Judiciary is equally affected by corruption as any other sector. Almost every Chief Justice of India, who has retired in past decade or so was subsequently alleged to have abused his position to favour friends and relatives. This month celebrates anniversary of judicial Martial Law imposed by then Chief Justice Y K Sabharwal, in respect of commercial/office use of properties while his own children were using his official residence as registered offices of their newly formed companies. This was subsequently revealed by press alongwith the information that the sons of Subharwal made billions from the horror created by his orders. I was also a victim but that tale can wait another time.
Here is a problem of another kind. Continue reading →