Technoglitch
Core Member
Finance minister Arun Jaitley on Friday said that by giving itself absolute power to appoint judges, the Supreme Court has created an imbalance in the scheme of checks and balances envisaged under the Constitution.
Participating in a ‘Legislature versus Judiciary’ debate on Times Now TV channel with former Chief Justice of India (CHI) RM Lodha, Jaitley said the Supreme Court has given a meaning to Articles 124 and 217 (on appointment of SC and HC judges) of the Constitution which was completely contrary to what it originally meant.
Jaitley said judicial appointments were to be made by the President in consultation with the CJI. But now it was the judiciary which was making appointments and the SC said the presence of the executive in National Judicial Appointments Commission would vitiate the appointments. He asked weren’t CAG, CEC and CVC independent despite being appointed by the government?
“We need a judiciary which is not just independent but also credible,” said the former law minister.
He said the NJAC was brought because there was complete political unanimity on it and one of the most distinguished CJI’s MN Venkatachaliah had recommended it.
He said while emphasizing on the independence of judiciary as a basic feature of constitution, the SC ignored other important features of the constitution such as parliamentary sovereignty and separation of power.
We need an independent but credible judiciary: Arun Jaitley | india | Hindustan Times
Participating in a ‘Legislature versus Judiciary’ debate on Times Now TV channel with former Chief Justice of India (CHI) RM Lodha, Jaitley said the Supreme Court has given a meaning to Articles 124 and 217 (on appointment of SC and HC judges) of the Constitution which was completely contrary to what it originally meant.
Jaitley said judicial appointments were to be made by the President in consultation with the CJI. But now it was the judiciary which was making appointments and the SC said the presence of the executive in National Judicial Appointments Commission would vitiate the appointments. He asked weren’t CAG, CEC and CVC independent despite being appointed by the government?
“We need a judiciary which is not just independent but also credible,” said the former law minister.
He said the NJAC was brought because there was complete political unanimity on it and one of the most distinguished CJI’s MN Venkatachaliah had recommended it.
He said while emphasizing on the independence of judiciary as a basic feature of constitution, the SC ignored other important features of the constitution such as parliamentary sovereignty and separation of power.
We need an independent but credible judiciary: Arun Jaitley | india | Hindustan Times
