Mr Jethmalani said, “the CJI in the company of law minister is unacceptable”
Former Union Minister Ram Jethmalani (Photo: PTI)
New Delhi: The presence of union law minister as one of the six-members of the National Judicial Appointments Commission vitiates the entire process of selection of judges to the High Courts and the apex court, argued senior counsel Ram Jethmalani in the Supreme Court on Wednesday. Making his submissions before a five-judge Constitution Bench comprising Justices J.S. Khehar, J. Chelameswar, Madan B. Lokur, Kurian Joseph and A.K. Goel, hearing a batch of petitions questioning the validity of NJAC and the constitution amendment laws, Mr Jethmalani said “the NJAC in its present form has the symptoms of politicisation of appointment of judges and dilution of the independence of judiciary.”
He said since the law minister was an employee of the Union government, which is the biggest litigant in the court, his presence in the NJAC and in constant touch with the Chief Justice of India and two senior judges would shake public confidence. He said, “the CJI in the company of law minister is unacceptable. It creates familiarity and the law minister with one sixth vote in the Commission can control the CJI’s mind.”
In lighter vein he said, “A minister in regular meetings, sharing occasional drink with the CJI, often leading to social meetings and private talk, scandals and gossip disqualifies judges. Presence of law minister in the Commission diminishes the confidence of the public or the citizens claiming protection against breach of fundamental rights or seeking relief against illegal unconstitutional or mala fide action of the executive.”
Mr Jethmalani said, “the right of the executive to consult the CJI has been taken away from him and he is made to share the consultation with five others. If the law minister succeeds in getting one vote, the two can render the proceedings nugatory and no appointment desired by the judiciary can take place and it could paralyse the working of the whole system. The CJI will be entering into search for votes.”
He said the UPA government had brought a Bill under which Article 124 was amended to provide for setting up of the NJAC. The Bill was passed in Rajya Sabha in 2013. The present NDA government has done a more fraudulent act by introducing several amendments to the Constitution, he added.
Arguments will continue on Thursday.
( Source : dc )
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