Thursday, December 22, 2022

by Harish Gupta, National Editor, Lokmat Group


 

Govt.- SC confrontation: Who Will Blink?

 

The country is waiting with bated breath the end result of an unprecedented dual between the government and judiciary in public. The recent flash point erupted due to the Modi government's  renewed desire to have an effective role in the appointments and transfers of judges in the higher judiciary. The PM’s first attempt in 2014 to enact the National Judicial Appointments Commission (NJAC) failed as the SC's Constitution bench negated it saying the collegium system won’t be abolished. After Modi's landslide win in 2019 Lok Sabha polls, it was expected that his government would bring NJAC.2. But nothing of the sort happened.  Suddenly, Union Law Minister Kiran Rijiju woke up and blasted the collegium system saying nowhere in the world judges appoint judges. Sharing dais with the Chief Justice of India DY Chandrachud at a Law Day function in November 2022, Rijiju went on to say that the collegium system is against the very spirit of the Constitution. But the SC warned against "derailing the collegium system". Not to be cowed down, Rejiju reiterated his stand in a TV show and took the battle inside the Parliament as well. He declared, “Unless the procedure of appointment of judges’ changes, the issue of high judicial vacancies will keep cropping up.” As if this was not enough, Vice President Jagdeep Dhankhar also echoed the same sentiments in Rajya Sabha. But the Supreme Court did not take it lying down and went on to say, “Speeches made by the high constitutional functionaries in public on the SC Collegium are not very well taken. The Collegium system is the "law of the land" which should be "followed to the teeth". But Kiran Rijiju was not the one to give up and looked determined to show the judiciary a mirror. Responding to a spate of questions in Parliament during Question Hour, Rijiju raked up the issue of massive pendency of cases in courts. Rijiju also touched the raw nerve about judges going on vacations. He said, “There was a feeling among the people that long court vacations were not very convenient for justice seekers.” As if this was not enough, Rijiju also questioned the wisdom of the SC taking up bail matters. In an apparent response, Chandrachud said, “no case is too small for the SC, asking “If we do not act in matters of personal liberty and grant relief, then what we are doing here.” The CJI took another unusual step saying that there will be no “vacation benches” available this winter. Normally, the SC had been providing two vacation benches during holidays for the benefit of litigants. Since then, the government has gone into the shell. Whether the government was testing the waters or serious in bringing NJAC.2 during the Budget session could be anybody’s guess. Political analysts and legal luminaries wonder why the government is entering into a confrontation with the judiciary in an election year. Secondly, the Opposition parties may not lend support to NJAC.2 in 2023 as they gave in 2014. The Modi government had to retreat with regard to the Land Acquisition Act, Farm Laws etc.   

 

Rahul's Baffling 9-day break

 

The 9-day long break in Bharat Jodo Yatra by Rahul Gandhi from December 24 to January 3 has surprised Congress watchers. Will Rahul Gandhi be on a long sabbatical abroad to celebrate New Year and Christmas. No one has a clue in the party. Jairam Ramesh, Congress's head of Communications gave an interesting explanation saying the sabbatical was necessary as more than 60 trucks (containers) carrying Congress leaders and goods need to be repaired as the Yatra will have to reach Srinagar. These 60 trucks are used for the living, sleeping, and daily needs of around 300yatris who are traveling with Rahul Gandhi. Interestingly, Rahul Gandhi has been given a custom made container having all the 5-star facilities like AC, sofa, special kitchen etc. It is said that the Bharat-Jodo Yatra will cost more than Rs 100 crores and take the party nowhere electorally.

 

Modi's foreign visits 

Prime Minister Modi is set to surpass former PM Dr Manmohan Singh’s record with regard to foreign visits. Manmohan Singh undertook 73 foreign trips (35 during 2004-2009 and 38 during the second term 2009-2014) and an amount of Rs 699 crores was spent on these trips during a ten year period. In comparison, PM Modi undertook 69 foreign visits ever since he came to power in May 2014 until November 2022. During his first stint in office, he undertook 49 foreign visits and 20 trips in his second stint so far. Modi has 17 more months to complete his 10 years rule. But in terms of impact, it is unanimously admitted that Modi had made more global impact during his foreign visits. According to data available, an amount of Rs 623.82 crores was spent on 63 foreign visits. The amount on the remaining six visits was borne by the Union Home Affairs and IAF which is not made available. But Modi was on foreign soil for 181 days in 8 years while Manmohan Singh was abroad for 149 days in 10 years.