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LATEST NEWS UPDATES | Govt, opposition close ranks to corner judiciary

Govt, opposition close ranks to corner judiciary

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published Published on Sep 6, 2013   modified Modified on Sep 6, 2013
-The Times of India


NEW DELHI: Government and opposition in the Rajya Sabha on Thursday presented a joint front to indict judiciary on diverse counts - from corruption, favouritism and nepotism to compromises due to lust of post-retirement jobs and benefits - as they approved a bill which seeks to scrap the collegium system of appointing judges.

The Constitution amendment ending judiciary's monopoly in appointing judges by giving executive a crucial role was finally passed as BJP members walked out protesting against the government's refusal to send the proposed legislation to standing committee for wider consultations. But the protest by the principal opposition did not take away from the near-total convergence on ending judiciary's prerogative in appointments of the Chief Justice of India, and the judges of the Supreme Court and high courts.

As the Upper House took up the bill to amend the Constitution to set up a judicial appointments commission (JAC) replacing the collegium system, law minister Kapil Sibal, leader of opposition Arun Jaitley and several other members were unanimous that the present system of appointing judges to the Supreme Court and high courts lacked transparency and accountability.

Though they supported the bill, BJP favoured wider consultations. Jaitley said, "We don't like the present system. So, we have agreed to change it. We are making a monumental change. Monumental changes are never brought with a knee-jerk reaction". He also said that while the Constitutional Amendment Bill will do away with collegium's prerogative, the judicial appointments commission which has been envisaged as its replacement will not in place for a while leading to a constitutional vacuum.

Moving the bill, Sibal earlier said, "The SC in 1993 had sought to change the procedure of appointment of judges in higher judiciary by bringing in a collegium system ... The judiciary has taken over executive power by rewriting Article 124 (of the constitution). That balance must be restored. Executive must have a say in appointment."

Sibal added, "It has disturbed the delicate balance of separation of powers. There is very clear division of powers among the executive, legislature and judiciary in our Constitution. Judiciary cannot take over the function of the executive". The law minister also chose the occasion to flag his concerns over "nepotism" in the judiciary.

Jaitley echoed Sibal's views and said when other establishments of the democracy do not infringe upon functioning of the judiciary, then why would it ask the government to do this or do that and direct even on the economic policy of the government. "Courts cannot review a policy and say that my policy is better that your policy ... It cannot say how to be tough on the Naxalites," he said. Citing the ban on iron ore exports, Jaitley sought to link judicial orders partially to the present state of current account deficit and depreciation of rupee as a result of that.

Speaking from the Congress Rajiv Shukla, minister of state for parliamentary affairs, dwelt at what he called an all-round decline in the judiciary from lower to higher. Though he maintained that 70% of higher judiciary is honest, Shukla pointed out the pendency of three crore cases and higher courts having month's holiday.


The Times of India, 6 September, 2013, http://timesofindia.indiatimes.com/india/Govt-opposition-close-ranks-to-corner-judiciary/articleshow/22355077.cms


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