The Left parties have demanded that the nomination of former Chief Justice of India Ranjan Gogoi to the Rajya Sabha be rescinded to preserve the constitutional balance.
Also read | Former CJI Ranjan Gogoi defends Rajya Sabha nomination
In a statement, the CPI(M) Polit Bureau pointed out that “ironically”, last year itself, Justice Gogoi had observed , “There is a strong viewpoint that post-retirement appointment [of a judge] is a scar on the independence of the judiciary.”
“By nominating the former CJI to the Rajya Sabha, the Narendra Modi government is brazenly undermining the independence of the judiciary and subverting the separation of powers between the organs of the state, an inviolable principle enshrined in our Constitution,” it said.
The party said the recent events, including the midnight transfer of High Court judges and the delay in the hearing of the challenges to dilution of Article 370 and the Citizenship (Amendment) Act, did not inspire confidence in the people. “The Polit Bureau is firmly opposing the move by the government in the light of widespread criticism that the judiciary is being pressurised by the Executive, and abdicating its responsibility. In the interest of our constitutional spirit, this trend must be set right urgently.”
Also read | An assault on Constitution, says Congress
CPI general secretary D. Raja said the nomination raised several questions about the judiciary’s independence and credibility. “It also raises questions about the impartiality and neutrality of the judgments delivered by Justice Gogoi towards the fag-end of his tenure...,” he said. He demanded a cooling-off period to make sure no judge got any cushy post after his/her stint at the court.
Former Union Minister and BJP leader Yashwant Sinha wrote on Twitter that he hoped Justice Gogoi had good sense to reject the nomination; otherwise, he would cause an incalculable damage to the judiciary’s reputation. “By accepting the nomination, Ranjan Gogoi has driven the last nail in the coffin of an independent judiciary in India,” he said.
