Published On: Tue, Mar 17th, 2020

Independence of Judiciary attacked by Govt: Congress

New Delhi: Nomination of former Chief Justice Ranjan Gogoi to the Rajya Sabha has given fresh ammunition to the opposition parties to mount attack on the Centre. The Congress has alleged that the move proved that the judiciary is not independent.

When this is shaken in the minds of people the institution is decimated

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.

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