The foremost consideration before the Constitution Bench was to preserve > judicial independence.s However, the Bench has also been magnanimous in seeking suggestions to improve the collegium system. Attorney-General Mukul Rohatgi’s assertion during the proceedings that the Parliament is supreme in our system and that even the Supreme Court needs to bow before Parliament was an absolutely wrong interpretation. He should not overlook the fact that Parliament has no power to amend the basic structure of the Constitution. Arun Jaitley, the Finance Minister, said in his reaction to the judgment that democracy cannot be a “tyranny of unelected persons”. His remarks reveal an intolerant attitude with respect to the independence of the judiciary. Does he mean to imply that elected persons can, if they wish, establish tyranny?
Mr. Jaitley further said that during the Emergency, the Supreme Court had “caved in”. True, the government of the day had manipulated the Supreme Court into overlooking the three senior-most judges and appointing a ‘committed’ judge, Justice A.N. Ray as the Chief Justice of India. The Supreme Ccourt’s present decision that ensures judicial independence in appointments will ensure that it doesn’t “cave in” again.
D.S. Bindra,
Delhi
