Though there is unanimity on the fact that the collegium system must be done away with, there is no consensus on whether judiciary or executive should have a greater role in the appointment of judges. Most people from the legal fraternity want the executive to play an advisory role in the appointment of judges and the judiciary to have the final say
The Parliamentary Affairs Minister had given an indication that the Government would present the Judicial Commission Bill in the Budget Session itself. But the reality is different; there is dispute on its form and it seems consensus on it is difficult. There is no consensus on the draft, which was prepared by the UPA Government.
The law Commission had also presented a draft and the legal fraternity differs on that too. That means there are three different views on the format of the Judicial Appointment Commission (JAC). Though there is unanimity on the fact that the collegium system must be done away with, there is no consensus on whether the judiciary or executive should have greater role in the appointment of judges.
Most people from the legal fraternity want that the executive should play only an advisory role in the appointment of judges and judiciary should have the final say. They believe there must be majority of judges in the JAC. That is the reason why the law Commission has given an advice to keep four judges in JAC, which will be headed by the Chief Justice. In the present collegium system, there are four senior most judges along with the Chief Justice. It means the legal fraternity wants to take hold of it, but at the same time the Government doesn’t want to limit itself to an advisory role.
TUSSlE OVER COllEGIUM System
The Central Government is going to change the present system of appointment of judges in the Supreme Court and High Courts. In the first meeting on the issue on Monday, the Government will hold discussions with renowned lawyers, legal experts and the chairman of law Commission. After that, the Government will have an all-party meet. It wants to set up the JAC as soon as possible so that the executive will have a greater role in the appointment of judges.
The present system is in place for the past 21 years. The collegium comprising five judges of the Supreme Court finalises the name of judges. The Government can object to a name only once and if the collegium recommends the name again, the Government is bound to accept it. The Government is set to change it through the JAC.
But the last two Chief Justices of India — Justice Altamas Kabir and Justice P Sathasivam — favour the collegium system. It is said that most of the judges want the collegium system to continue. If the Government amends the Constitution, it will be challenged in the SC. In that scenario, the Government and judiciary will be at loggerheads.
MANMOHAN SINGH’S PlIGHT
Former Prime Minister Manmohan Singh is seemingly alone and aloof, both inside and outside Parliament. His close aides say they have felt that when the issue of Madras HC crept in, the Congress didn’t defend Singh. He apparently hoped the Congress would defend him because it was the party that was responsible for handling the organisation, and under this pressure only his Government had talked to the CJI.
When he was the PM, Congress leaders always accompanied him, but now he can be seen coming out of the Parliament alone. Not even a single leader of parliamentary team accompanies him.
He was also seen sitting alone at Sonia Gandhi’s Iftar party, which was attended by many big leaders. later, former Chief Election Commissioner SY Quraishi gave him company.
AllIANCE GAME IN BIHAR
A debate is on in Bihar over the ethical aspect of pre-poll alliances. BJP leaders are saying that the alliance between the RJD and JDU is unethical. Senior leader of BJP Sushil Modi said in an interview to an English business newspaper that the alliance between lalu Yadav and Nitish Kumar is not ethical. BJP leaders are saying that the JDU and RJD have been fighting with each other, and people had given the mandate to Nitish after the ‘jungle raj’ of lalu. In this scenario, the BJP is saying, that if lalu and Nitsh come together, they will betray the common man of Bihar.
In reply, the RJD and JDU have raised the question of alliance between BJP and Ram Vilas Paswan. The leaders of RJD and JDU are asking that if their alliance is unethical, how is the one between the BJP and lJP ethicalIJ Paswan had left the NDA after 2002 Gujarat riots. After that, he had been in alliance with lalu. Paswan was a minister in the UPA 1 Government and criticised the BJP, saying it is communal.
PROBlEMS OF GOVT OFFICIAlS
Government officials are baffled and upset. There is discontent among them and other employees of the Government — from the PMO to Shastri Bhawan, Krishi Bhawan, Nirman Bhawan and Udyog Bhawan. The ministers are concerned whether they are coming on time or not. Senior officials say earlier they thought that Saturday would be taken out from their off days. Though it didn’t happen, they are working almost every Saturday. Even on week days, they are working from 9 am to 8 pm instead of 9 am to 5 pm. Middle and lower rung officials are rushing to the office before 9 am and working till late at night. Parliamentary Affairs Minister Venkaiah Naidu had conducted two surprise checks at his ministries in the past two months. He has issued show-cause notices to 80 employees who had come late. Minister Prakash Javadekar also followed suit.
During the UPA regime, such a surprise check was conducted only once — when lalu stood at the gate of Rail Bhawan to see who came late.
STATUS REPORT OF UTTARAKHAND
Amit Shah, the national president of BJP, wants a report on the party’s defeat in three seats in Uttarakhand by-elections. He spoke to the leaders of the State, who think it is a local not a national issue. So, the state leadership of Uttarakhand has elaborated only local causes of defeat. On the other hand, the Congress is making it an issue of national importance and saying that the victory of the party on the three seats is an effect of the 60 days of Narendra Modi Government.
However, State BJP leaders say the party lost due to infighting though it is not clear who sabotaged whom. Doiwala seat belonged to former CM Nishank, but who sabotaged the seatIJ Many people say that in the Assembly Elections, supporters of Nishank had worked against BC Khanduri. So this time Khanduri’s supporters have taken revenge. Some of the BJP leaders say the Congress won due to Harish Rawat’s image and personal relations with people. This is a more worrying fact for the BJP because it has three CMs and all of them are MPs, but no one has a connect like Rawat does.
WHAT WIll HAPPEN TO BJP-HJCIJ
The million dollar question is will the BJP and Haryana Janhit Congress (HJC) form an alliance in HaryanaIJ The BJP will find it difficult to fight on all 90 seats, so most of the leaders want an alliance with HJC. But the demands of Kuldip Bishnoi have put the BJP in a dilemma. Earlier, he was demanding the CM post and 40 seats and the BJP didn’t agree. Now it is being said that Kuldip is ready to lessen the number of seats and can relinquish the claim over the CM post. Probably, if Bishnoi is given 20 seats, he will prefer his own liking where there is a greater chance of victory of his candidates. The BJP can’t go with Indian National lok Dal. Former minister Vinod Sharma has launched a new party but it doesn’t have a strong standing. In this scenario, the BJP’s only option seems to be HJC to unite the non-Jat voters. It is also said that Virendra Singh might join the BJP; Rao Inderjit Singh is already in the party. They will play a greater role in seat-sharing and alliance conditions.