PIL In Bombay HC Seeks To Restrain Vice President, Law Minister From Discharging Duties Over Remarks On Basic Structure Doctrine, Collegium

A PIL has been moved in the Bombay High Court to restrain the vice president Jagdeep Dhankhar and law minister Kiren Rijiju from discharging their duties after constant public criticism of the ‘collegium system’ and remarks against the basic structure doctrine. Petitioner - the Bombay Lawyers Association claims that the two have disqualified themselves from holding constitutional posts of Vice President and Minister of the Union Cabinet through their conduct, having expressed lack of faith in the Constitution of India. Therefore the petitioners have sought a declaration to that effect and also sought to restrain the law minister and vice president from discharging duties in the interim. The petitioner has called the attack on the judiciary as a frontal attack on the constitution and narrated several instances. “The Petitioner states that the above conduct of the Respondent No. 1 & 2 is nothing limited to attack on judiciary but frontal attack on the Constitution of India. Despite all these derogatory statements towards the judiciary and the Constitution of India, no action against the Respondent No. 1 & 2 has been taken by any constitutional authority.”Petitioners add that between 2021-2023 they have been continuously attacking the “collegium system” by which judges are appointed and the case of Kesavananda Bharati vs State of Kerala in which the SC held by a 7:6 majority that the basic structure of the constitution cannot be amended or tampered with.After listing several instances of criticism, the plea states that Constitutional functionaries are supposed to have faith and allegiance to the constitution of India, which they have affirmed while taking oath of Office. “Inspite of the facts, they have shown lack of faith in the Constitution and SC by their conduct and their utterances made in public.”“Respondents are continuing their rampage of attack upon the constitution with complete impunity,” the plea states. The Supreme Court of India introduced the collegium system in 1993 and in 1998 the Supreme Court, on the president’s reference, expanded the collegium to a five member body, comprising of the CJI and four of his senior most colleagues. In 2015 the Sc re-affirmed the decision in the third Judge’s case and struck down the 99th amendment.

PIL In Bombay HC Seeks To Restrain Vice President, Law Minister From Discharging Duties Over Remarks On Basic Structure Doctrine, Collegium

Sharmeen Hakim

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