Dhankhar’s remarks against Supreme Court appointees reflect the growing divide between the executive and judiciary.
Release Date – 12:30 AM, Fri – 12 December 9 22
Dhankhar’s remarks against Supreme Court appointees reflect the growing divide between the executive and judiciary.
Hyderabad: Vice President Jagdeep Dhankhar’s sharp remarks against the Supreme Court over judge appointments reflect the growing divide between the executive and judiciary. Conflicts, if not resolved amicably, could threaten institutional balance and adversely affect the justice system. The Supreme Court’s 2015 order to repeal the National Judicial Appointments Commission (NJAC) Act was heavily criticized by Dhankar.
In his first speech as Rajya Sabha chairman, he called the SC order a “clear example” of a “serious compromise” of parliamentary sovereignty and disregard for the people’s mandate. Undoubtedly, these are strong words from people in high places in the Constitution. This is the second time in two weeks that Denhall has raised the issue of justice appointments and criticized the Supreme Court. Speaking at the podium with Chief Justice DY Chandrachud last week, the vice president said “people power” had been “destroyed” in a situation where “the world is not aware of any such example.” The Center and the Supreme Court have been clashing, with both sides attacking each other on contentious issues. While the judiciary has been complaining about delays in approving appointments, the government has been taking issue with the functioning of the collegial system in which judges are selected by the SC. The growing friction comes against a backdrop of opposition allegations that the center has been interfering in the functioning of constitutional institutions, including the judiciary.
The main criticisms of the Supreme Court’s collegiate system for appointing top judiciary judges are that it is opaque, oligarchy and unconstitutional. The committee is made up of the Chief Justice of India and the four highest ranking judges who decide on the appointment of judges to the High Court and Supreme Court. The executive and political classes may have strong views on this ancient convention, and there may be reason to believe that there is a need for demystification and reform of the academy system to make it more transparent and unbiased, and there is concern now that the NDA government on this issue Conflict with the judiciary. The collegiate system should not be used by the administration as a ruse to unduly delay the removal of names recommended by the judiciary. The NJAC was launched by the UPA government to replace the collegiate system and has the support of all parties as the right step to bring transparency and accountability to the functioning of the judiciary. However, the Supreme Court overturned the NJAC Act and the Constitution (99th Amendment) Act, 2014, leading to the revival of the collegiate system. However, the system needs to be reformed to increase its efficiency.
