Gogoi’s nomination to RS seen as bad for independence of judicary

March 17, 2020

New Delhi: The nomination of former chief justice of India Ranjan Gogoi to the Rajya by President Ramnath Kovind is being seen as a disturbing development as regards the independence of judiciary.

The Centre’s decision has under criticism from several quarters and across the political spectrum.

Former Union minister and BJP leader Yashwant Sinha has  expressed his dismay over the development. ”I hope ex-cji Ranjan Gogoi would have the good sense to say ‘NO’ to the offer of Rajya Sabha seat to him. Otherwise he will cause incalculable damage to the reputation of the judiciary,” he tweeted.

Similar was the response of CPI-M leader Sitaram Yechuri. ” Shri Ranjan Gogoi had himself said last year that “There’s a strong viewpoint that post-retirement appointments is a scar on independence of Judiciary”. What must one make of a govt that does this, after appointing another ex-Chief Justice as the governor of a state?,” he said in a tweet.

”Is it “quid pro quo”?
How will people have faith in the Independence of Judges ? Many Questions,” said president of All India Anjuman Ittehad-e-Muslemeen.

ormer Supreme Court judge Kurian Joseph said: “‘We have discharged our debt to the nation’ was the statement made by Justice Ranjan Gogoi along with the three of us on January 12, 2018. I am surprised as to how Justice Ranjan Gogoi who once exhibited such courage of conviction to uphold the independence of judiciary, has compromised the noble principle on the independence and impartiality of the judiciary.”

Social activist and former IAS officer E.A.S. Sarma has said that nomination the former CJI has set an inappropriate precedent.

After notification of the nomination on Monday, Sarma wrote a letter to Kovind conveying his deep concern.

“As a concerned senior citizen and a former public servant, I feel deeply concerned to hear this news,” wrote Sarma, who retired as secretary to the Government of India, reports IANS.

“Years ago, many of us felt the same way when Justice P. Sathasivam, the 40th CJI was appointed as the Governor of Kerala. I feel similarly concerned at Justice Gogoi’s nomination to the Upper House. I wish Justice Gogoi had declined the offer,” reads the letter.

“What concerns me is that Justice Gogoi had relinquished charge as the CJI as recently as on November 17, 2019, exactly four months ago. In my view, offering the higher members of the judiciary nominated positions such as the Governor of a State or a Membership in the Rajya Sabha undoubtedly sets an unhealthy precedent, as it tends to weaken the institution of the judiciary,” wrote Sarma, a former Indian Administrative Service (IAS) officer of 1965 batch.

The Congress said that the nomination is unprecedented and unpardonable assault on the basic structure of the Constitution which subsumes the independence of the judiciary as held by the Supreme Court itself.

Congress leader Abhishek Manu Singhvi said that this is not about any individual or Justice Gogoi. “Our Constitution is based on separation of powers with judiciary and the executive are the pillars of the constitutional jurisprudence. The judiciary thrives on perception on belief, on ‘Astha’ and ‘Vishwas’. All these pillars have taken the beating,” said Singhvi.

When this is shaken in the minds of people the institution is decimated, Singhvi added.

The Congress has alleged that the government is not even heeding the advice of former Finance Minister Arun Jaitley who had advocated two years cooling off period as the judiciary can be influenced by the government.

“Are there different parameters when you’re in power and when in opposition,” the Congress asked.

Another Congress leader and former Union Minister Kapil Sibal tweeted, “Justice H.R. Khanna is remembered for his integrity, standing up to govt and upholding the rule of law: Ranjan Gogoi for lapping up a Rajya Sabha nomination for being saved by govt, standing in line with it and compromising his own and the integrity of the institution”.

Citing news reports, Congress spokesperson Randeep Singh Surjewala questioned the government’s move, saying, “Justice Lokur rightly summarises it – Has the last bastion fallen?” Justice Lokur, who has criticised the move, was part of the group of the then senior justices who called an unprecedented press conference in January 2018 to lash out at then chief justice Dipak Misra.

However, ironically so, former CJI Gogoi was part of that press conference.

In another tweet, Surjewala said: “Did PM Modi consider the advice of his former colleague & Law Minister and Finance Minister, Late Sh. Arun Jaitley before recommending ex-CJI, Ranjan Gogoi to the Rajya Sabha?”

Jaitley had once said that the verdicts are influenced by post retirement jobs.

The Congress has countered the BJP allegation by saying that Justice Rangnath Mishra was sent to the Rajya Sabha after 7 years of retirement. Justice Hidayatullah was in the Rajya Sabha but was Vice President after 9 years of retirement.