Current Affairs
Ex- CJI as Governor
Why controversy?
Ex-CJI Sathasivam was made Governor of Kerala, after
Sheila Dikshit’s (former CM of Delhi
Criticism
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Defends
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Fali Nariman: This is most improper and unfortunate.
I do not appreciate or approve of the idea of a former SC judge accepting a sinecure
appointment, like that of a Governor. [Sinecure= An office that
involves minimal duties].
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Other CJIs do arbitration or consultation work for
corporates after retirement (and mint crores of rupees.) However, I was
planning to do farming at village. But since President has offered this
position, I’ve accepted. I never lobbied to get this job.
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Sathasivam had given relief to Amit Shah in fake
encounter case, so Modi offered him gift of Governoship.
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* When I did that case, none knew Amit Shah would
become a BJP President. So there is no quid-pro-quo.
* I never gave clean chit to Shah. I had shifted
sorabuddin case to
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Anti-arguments
Ex-CJI should not be made Governor because:
§
Independent judiciary is the basic feature of Constitution. But
when Judges seek jobs or a seat in Parliament from the Executive, this basic
feature is not fulfilled.
§
Promise of such post-retirement “job” can jeopardise the autonomy
and accountability of the judiciary.
§
This can create breach in balance of separation of powers.
§
After retirement judges get appointed to Lokpal, NHRC etc. but
those positions are eligibility requirements and autonomy in functioning.
§
Governor’s post is seen as an ‘executive patronage’- typical
reserved for ‘retiring’ politicians.
§
Earlier retired judges of HC became governors. But this is the
first time a retired CJI, got this job!
§
Sathasivam was also a candidate for Lokpal job. So by giving him
Governorship, Modi took him out of the race.
§
Breach of protocol: In the order of precedence, sixth position
for CJI and eight position for Governors. So, CJI should not accept such
‘lower’ job. It is beneath his ‘dignity’.
Note: As per India
(1) President
(2) Vice President
(3) Prime Minister
(4) Governor in their respective states
(5) Former presidents
(5A) Deputy Prime Minister(s)
(6) CJI and Speaker of Lok Sabha
(7) Leader of Opposition in Lok Sabha and Rajya Sabha
(7A) Holder of
Bharat Ratna
(8) Governors outside their state.
Pro-arguments
There is nothing wrong in CJI
becoming governor because:
Ø
Post of governor is a constitutional post. SC is a constitutional
body.
Ø
Punchhi commission: Governorship should not be given to person
active in politics.
Ø
A Former CJI will be an expert in constitutional matters-
provides him to utilise his expertise in public service. This can be a healthy
trend.
Ø
There is no breach of protocol if retired CJI accept a lesser
post, because he has retired.
Ø
President chose to accept the Modi’s proposal as there is no
constitutional bar in such appointment.
Suggested reforms (said in The New Indian Express)
v
Tribunals and commissions should be manned by a separate cadre of
judges. (Instead of dolling out these jobs to retired judges- and opening
floodgates for such criticism.) Govt should amend constitution for this.
v
There should be ‘cooling-off’ period of atleast two years before
retired Judges to take up any government position.
v
Union government should stop treating Governor job as a sinecure
for party members, sympathisers and loyalists.
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