Loksatta Party opposes the SC judgment quashing NJAC
Friday, October 16th, 2015 @ 7:02PM
Loksatta Party is of the opinion that the Supreme Court decision quashing National Judicial appointment Commission is patently unconstitutional. Clearly SC is wrong in this regard. Now SC wants ‘Mulla Raj’ in India. India cannot allow any organ or institution to stand above the Constitution & rule of law. Judges cannot be above democratic norms. If courts lose credibility by judicial overreach, our nation & democracy will be in danger. NJAC must be upheld to prevent standoff. Court has scored a self-goal lowering its prestige. It is sad that SC deliberately set stage for confrontation between Parliament and judiciary. Parliament must not shirk its responsibility. Judiciary is not private property of incumbent judges, just as Parliament & government are not anybody’s property.
SC cannot be a self-appointed permanent priesthood. Every state functionary must derive legitimacy from people directly or indirectly. In US, UK, Canada, Germany, France & other democracies too government is the biggest litigant! But judges are not appointed by judges! The sophistry employed to support unconstitutional elitism is unacceptable. We must clean up politics; we cannot revile & reject it.
Independence of judiciary does not mean judges are independent of Constitution! All true democracies have independent judiciary. In all democracies judges are appointed by government &legislature with participation of lay citizens. Judges have no divine rights! By SC’s logic, EC, CAG, UPSC, CVC, Lokpal, CBI – all must appoint their own successors to preserve their independence! If the logic of SC is right then there is no need for democracy at all. All authority in democracy springs from people & elections. That politics is dirty does not mean we reject government & Parliament.We all love to hate politicians. But the answer to dirty politics is not divine institutions; it lies in political reform.
The work of three eminent jurists – justices MN Venkatachaliah, JS Verma & VR Krishna Iyer at Lokatta’s behest laid foundation of NJAC. Parliament must now be convened immediately for an emergency session to debate this issue threadbare and protect the constitutional scheme. Parliament must stand united & assert its right & duty to regulate judicial appointments. Loksatta request all parties to bury petty political squabbles and rise as one to restore primacy of democracy.
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