Union law Minister Ravi Shankar Prasad on Wednesday clarified that the Government has the “highest regard” for the judiciary, a day after Chief Justice of India RM lodha leveled serious charge s against the Government for unilaterally dropping the name of Gopal Subramanium for Supreme Court judgeship.
Not wishing to speak on the controversy sparked by CJI who alleged that the Government kept him in the dark over Subramanium’s exclusion from the list of four persons recommended by the Collegium, Prasad said he did not wish to comment on the issue.
However, the Minister clarified that the NDA Government held the judiciary, Supreme Court and Chief Justice of India in “highest regard”. “I want to reiterate very firmly that the Narendra Modi Government has the highest respect for the judiciary. The independence of the judiciary, including the Supreme Court, is an article of faith for the Government. We have the highest respect for the Chief Justice of India,” Prasad told reporters, in response to CJI’s statement.
Defending its action, Prasad said, “Whatever opinion the Government has given, is based upon cogent, proper and sound grounds.”
At a function organised in the Supreme Court on Tuesday, CJI lodha hit out at both against the Government and Subramanium even as he vowed to preserve the independence of judiciary at all costs. He was disappointed with the Centre for “unilaterally” segregating the name of Subramanium from the rest of names without his knowledge or consent.
Against Subramanium, CJI said that instead of awaiting his return from abroad on June 28, the former Solicitor General went public with a letter he addressed to CJI withdrawing consent to be a judge of apex court. CJI asked Subramanium on his return to reconsider the decision. But Subramanium remained adamant on his stand, due to which his name was “recalled”.
Sources in the Government defended the procedure adopted by it. “The case of Subramanium was referred back to the collegium for reconsideration as per Standard Operating Procedure. Since Subramanium himself withdrew his candidature, his case was not taken forward,” sources said. They referred to the Memorandum of Procedure for appointment of apex court judges to suggest that if the collegium reiterated its recommendation, the government would have to accept the recommendation.