The BJP’s way to tempt Judges to toe the Government line while compromising on the much needed Independence of the Judiciary is borne out in their indecent move to appoint retired Justice S. Abdul Nazeer as a Governor just a month after retirement as Judge of the Supreme Court. It is in utter bad taste and absolutely inappropriate. Another very bad precedent indeed. Whilst in the Opposition, the BJP had demanded that former judges must not be given post-retirement appointments for at least two years, but once in Power have miserably failed to walk that loud talk. We need Zero tolerance to faintest governmental interference in the functioning of our judiciary. Our Constitution is very clear on distinct roles of the Executive, Legislature and Judiciary. It envisages a free, fair and independent Judiciary.
One such black day was in 2014 when the BJP appointed P. Sathasivam as Governor of Kerala within four months of his retirement as Chief Justice of India which sent out a very wrong message. Ranjan Gogoi on retirement also as the Chief Justice of India in November 2019 was within four months nominated to Rajya Sabha claiming that he would be the voice of Judiciary in the Upper House of Parliament. Could Ranjan Gogoi kindly enlighten us as to what in the last three years has been his contribution in Rajya Sabha towards raising issues on the Judiciary?
Caroline Kennedy, a famous attorney and diplomat reminds us that ‘The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing’.
The public will sadly view with suspicion and wonder how much independence truly exists in a system where Judges appointed to the highest court land up rewarded with lucrative political appointments shortly after retirement! The highest standards of judicial independence must always be ensured but if pre re-retirement judgments are influenced by post- retirement postings it clearly shatters people’s trust and faith in the Judiciary.
