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Exclusive; #NJAC Verdict is a great Success for Indian Democracy; Law Minister and AG should resign; Interview with Ram Jethmalani

Senior Advocate Ram Jethmalani, in this short interview to LiveLaw shares his views on Today’s Landmark Judgment which quashed the 99th Constitution Amendment and National Judicial Appointment Commission Act 2015.

LiveLaw : Sir, What is your initial reaction to Today’s Judgment?

Ram Jethmalani : I think it is a great success for Indian Democracy; the litigating public; the bar and all those who respect honest judges and a clean judicial system. The crooks who want judges to be subordinate to the wishes of prolific litigant namely the government itself must be in mourning. My own view is that in his own interest the PM should get rid of all those law officers who advised and prepared this legislation.

LiveLaw : Sir you are the only person who voted against NJAC; Can it be say that you are proved right against two houses of Parliament and about 20 Legislative Assemblies?

Ram Jethmalani : No it only means that I and other friends of mine who opposed NJAC, understand the constitution better than Modi’s legal advisors.

LiveLaw : Do you think the Attorney General and the Law Minister should resign?

Ram Jethmalani : I think if they have any self respect they should. The only exception is those who honestly advised against it but were overruled.

LiveLaw : Bringing a new law correcting the errors in the NJAC Act or revamping the Collegium system as suggested by the Constitution Bench Today; According to you, which will be better for the system?

Ram Jethmalani : The corrections in the Collegium system can be converted into established conventions to be followed by the judges. They should not become legislations.

LiveLaw : What is your first suggestion to improve the Collegium System?

Ram Jethmalani : A little more of transparency, which should remove suspicion of any factor other than the merit being pout in the scale.

LiveLaw : Did the Judgment surprise you sir?

Ram Jethmalani : It does not surprise me it pleases me beyond measure. I congratulate my erstwhile junior Advocate Ashish Dixit for his efforts and assistance in the matter.

It was for the intervener Advocate Ashish Dixit, Mr.Jethmalani appeared in the NJAC Matter before the Supreme Court

Image from here.

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  • A.P.Srivastava says:

    The was a sinister move to bludgeon the judiciary into toeing the Govt.’s line – reminiscent of Indira Gandhi’s call for a committed judiciary in her chimerical pursuit of socialism which itself was a misnomer for a totalitarian state and ploy for self-perpetuation in power. Such moves cannot succeed.

  • Krishanika singh says:

    I want to say that it is a fight between the judiciary and parliament for the appointment of collegium system lacks transperancy and should be more transperant and strictly based on brotherhood must NJAC is one of the best replace of collegium sytem because it is a six members committee of PM,law minister,two eminent persons and two seniour judges of supreme court.its main object is to remove patronage from the system which exists in collegium system.Far more than this the crieteria for selecting judges must be delineated.

  • Debasish Som. says:

    It is a sheer fight between Judiciary one hand nd Executive Legislature on the other hand with trespass to each other field.The failure of executive nd legislature in addressing the problem in their domain has given upper hand to Judiciary. The Judiciary is also not bereft of biased , impartiality and corruption so within the system of collegium more transparency nd accountability is called for. It is highly reprehensible that some judges reopening/ revisting their judgement in public after demiting office. So some discipline ought to be maintained while in office nd after demiting office.

  • Harjinder Singh says:

    The Judgement defies the first principal of natural justice i.e. “Nemo debet esse judex in propria causa,” that is no body should be allowed to be a judge in which such person himself is interested. How can one digest that the Judges decided whether they have the Power to appoint Judges or not? India is the only Country where such a system prevails. Does it mean Judges in U.K., U.S.A. and other Countries are less efficient? How would you explain a sister of a former CJI getting appointed as a HC Judge and she did not deliver even a single Judgement during her tenure. Was it victory of Democracy or Independence of the Judiciary?

  • vishnu says:

    honoured did excellent job on NJAC correction.

  • Ramu says:

    Jethmalani views reflects his frustration at being sidelined by the current political set-up. The judiciary has mauled the constitution by this verdict — and legitimised the biggest caricature of the Constitution in the past twenty years: the so-called collegium. Grotesque mutilation by the hon’ble judges…my heart weeps.

  • Yogi M. P. Singh says:

    Undoubtedly Supreme court avoided the undue interference of executives and bureaucrats in the function of judiciary. But there is need to clean the bad image of judiciary in public domain and rampant corruption in lower judiciary must curbed. Every one knows that what is going on in CIC and SICs?

  • Yogi M. P. Singh says:

    Undoubtedly Supreme court avoided the undue interference of executives and bureaucrats in the function of judiciary. But there is need to clean the bad image of judiciary in public domain and rampant corruption in lower judiciary must curbed. Every one knows that what is going on in CIC and SICs.

  • A.Mohan, Advocate, Madras High Court says:

    Mr. Jethmalani sir, judicial activism cannot be the answer for the wrongs or failures of executive and legislature. Any mediocre lawyer who is in the good books of collegium can become the judge of the higher judiciary. A Magistrate or a District Munsiff or even a Sessions Judge has to clear a cumbersome test to attain his position , whereas no such test has been prescribed to become a High Court or Supreme Court Judge. Many more honest, efficient and intelligent but irreverent advocates or High Court judges are always persona non-grata of the Collegium system.

  • Sidharth Prasad Das says:

    Judicial Independence is paramount. The path breaking judgment is highly appreciated when it gives opportunity to the U.O.I. to come with suggestions for strengthening the collegium system.