'BR Ambedkar Must Be Turning In His Grave Seeing How Judicial Independence Is being Trampled With': MP John Brittas In Rajya Sabha

"The key framer of the Constitution and the first law minister- Dr. B. R. Ambedkar- would be turning in his grave, seeing how judicial appointments are being made and how the independence of the judiciary is tampered with," Kerala MP John Brittas has said in the Parliament."It is true that Ambedkar was not in favour of prohibiting Supreme Court and High Court judges from taking up office of profit after retirement. When this came up in the constituent assembly debates, he said he will not prevent a judge from taking up a post after retirement. But he would absolutely have taken a position if he was alive today, when he realised how a system of 'post retirement appeasement' has emerged...Member Shibban Lal Saxena had said that if the temptation of being appointed to higher position after retirement is not removed, it will also be liable to be abused by the executive or by any party in power. These words of wisdom must ring loud in our ears!", continued Mr. Brittas.Addressing the House on The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2021, he pressed the point of the independence of the judiciary, he said,"The Law Minister Kiren Rijiju has made it very clear that the purpose of this bill is to make the legislative intent clear about the additional quantum of pension. I fully appreciate it. But there is a serious lacuna because though we decide on such matters, we have no role in the appointment of judges. Does this exist anywhere in the world? Absolutely no. Judges appointing judges is unheard of!- Strangely, the law minister doesn't have a firm view. I went through his reply which he delivered in the Lok Sabha...""There has been a demand for a National Judicial Appointments Commission which should represent judiciary, executive legislature, the bar and the public, to ensure transparency and accountability. Let people know who are going to be our judges, and their competence, their ability, integrity. Should there be a system shrouded in mystery, secrecy and darkness? Is there any system of appointment of judges in the world which is completely shrouded in darkness? Only in India. And the law minister is a mute spectator of the system. He does not have an emphatic reply, emphatic view about the system which is distorting the judiciary's independence", he plowed on."Are we creating a system of patronage, or give and take? Are we creating an oligarchy? I am afraid we are creating an oligarchy? We have judges' families! I vouch for the fact that there are brilliant judges with high levels of integrity from the judges' family. I do subscribe to that. But that should be an exception and not the thumb-rule in democracy...Let me read out the profile of a judge which I happened to see on a High Court website. Mr Justice so and so, born on so-and-so date, belongs to a family associated with judges, his maternal great grandfather was the chief Justice of India, maternal grandfather was a former acting chief Justice, one of the uncles was a former judge of the Supreme Court- it is going on and on. It is like a long list. We talk about Dynasty, BJP members have been very harsh when they talk about dynasty in the Congress party- at least they have passed the test of the confidence of the people. This is a clear-cut case of Dynasty. Why are we keeping mum about this", advanced Mr. Brittas."It is six years since the Supreme Court struck down this proposal (of NJAC) but this government has found it convenient and expedient so that there is a barter! I charge there is a barter. The government has successfully stopped the appointments of those who are inconvenient to them. Kiren Rijiju ji, you know what I am speaking. The government has been sitting on the proposals of collegium whenever they find certain names who are persona non-Grata for them. Some judges are transferred for unknown reasons. It is a punishment. But some chief justice (J & K CJ Pankaj Mithal) openly speaks against secularism which is against the Constitution. There is No age criteria for becoming a judge- but some are rejected for want of age and some are appointed overnight. Can we be oblivious about Justice Akil Kureshi who was not deliberately elevated to the Supreme Court? Wasn't his name proposed, did the government sit on the file, what was his crime? He was responsible for sending one of the powerful persons of this dispensation to jail? What else?", pressed the MP. In 2010, Justice Kureshi had sent current Union Home Minister Amit Shah to police custody for his alleged involvement in the Sohrabuddin Sheikh encounter case."As per the Constitution, the High Courts and High Court judges are not subordinate. Both SC and HCs are constitutional courts. But the Supreme Court collegium's power has made High Courts subordinate institutions. High Court judges are seen coming out with statements which make them eligible to be a Supreme Court judge!", he urged."The Law minister has been very intelligent, he...

'BR Ambedkar Must Be Turning In His Grave Seeing How Judicial Independence Is being Trampled With': MP John Brittas In Rajya Sabha

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