Fresh Delhi:In a transfer that has sent shockwaves via factual and political circles, worn Chief Justice of India Ranjan Gogoi has been nominated as a member of the Rajya Sabha by President Ram Nath Kovind. A notification to this create used to be issued by the Union house ministry on Monday.
He retired from the Supreme Court docket barely four months ago.
The notification states: “In insist of the powers conferred by sub-clause (a) of clause (1) article 80 of the Structure of India, learn with clause (3) of that article, the President is contented to nominate Shri Ranjan Gogoi to the Council of States to possess the emptiness triggered due to the retirement of 1 of the nominated member.”
Right here is the most critical time that a executive has nominated a CJI to the upper house and can elevate questions referring to the constitutional separation of powers between the executive and the judiciary, notably since Gogoi headed benches in key cases that the an identical executive which has nominated him had critical political stakes in.
These included the Rafale matter, the dismissal of Central Bureau of Investigation director Alok Verma, the Ayodhya matter, and numerous alternative key cases.
Talking toThe Wire, Dushyant Dave, senior advocate and president of the Supreme Court docket Bar Affiliation, acknowledged, “Right here is entirely disgusting, a clear reward in quid pro quo. The looks to be of independence of the judiciary is entirely destroyed.”
“It’s lawful so unhappy,”approved expert Karuna Nundy tweeted. “The brazenness of it. Destroying constitutional propriety for a measly Rajya Sabha seat.”
Coincidentally, the executive in Januaryadditionally appointed the worn CJI’s brother, Air Marshall (Retd) Anjan Kumar Gogoi, as a elephantine-time non-legitimate member of the North Eastern Council (NEC).
Mishra rewarded by Congress when in opposition
Whereas here’s now not the most critical time a worn CJI has become a member to Rajya Sabha, Justice Ranaganath Mishra, who retired from the pickle in 1992, grew to become an MP within the upper house in 1998 on a Congress price nonetheless at a time when the Congress used to be now not in vitality.
Even then, pointless to enlighten, his possibility used to be controversial and seen as payback for having lined up the political culpability of senior Congress leaders within the 1984 massacre of the Sikhs as head of theJustice Ranganath Mishra Commission.Earlier, he had been rewarded by the then Narasimha Rao executive with chairmanship of the Nationwide Human Rights Commission.
Sexual harassment tag
Justice Gogoi’s tenure as CJI, which ended on November 17, 2019, used to be marked by assorted controversies, including allegations of sexual harassment and the following pursuit of a vendetta towards the girl in question, her husband and her two brothers-in-regulation.
The sexual harassment allegations first got here to gentle in April 2019, when three media homes includingThe Wireprinted detailed experienceson the ordeal the girl and her family had to face. Gogoi, on the choice hand, denied the final allegations and insecure observers by presiding over an “emergency listening to” on the matter himself.
Ina reaction to Gogoi’s nomination to the Rajya Sabha, Vrinda Grover, the Delhi-essentially based entirely entirely approved expert who used to be counsel for the girl who had levelled the harassment tag, acknowledged, “I’ve acknowledged this earlier than, and I’m announcing it again, because there might be current proof to substantiate it, credible sexual harassment accusations by a girl originate now not cancel, or wound, or tarnish the reputation or possibilities of valuable males.”
Precedent living by Indira Gandhi, eclipsed by Modi
The precious time a make a possibility of the Supreme Court docket used to be nominated to the Rajya Sabha soon after retirement used to be Justice Baharul Islam, who retired from the apex court in January 1983 and used to be sent to the upper house by Indira Gandhi, who used to be top minister on the time, in June 1983. He had earlier been a Rajya Sabha MP from 1962 to 1972, earlier than he used to be made a make a possibility.
Islam’s nomination used to be broadly seen as a reward forthe leisure he gavethe then Congress chief minister of Bihar, Jagannath Mishra, within the Patna City Cooperative Financial institution rip-off case.
No longer like Justice Islam, who used to be a puisne make a possibility, Justice Gogoi as CJI now not very most real looking presided over key benches nonetheless played a key feature in deciding which cases had been sent to which bench as he used to be ‘master of the roster’.
Justice M. Hidayatullah retired as CJI in 1970 and used to be appointed – it sounds as if on the foundation of all-occasion consensus – vice chairman of India in 1979, in which skill he served as chairman of the Rajya Sabha.
Justice Good ample.S. Hegde, who resigned from the apex court in 1973 when Indira Gandhi out of date him and appointed one other make a possibility as CJI, joined the Janata Occasion therefore and used to be elected to the Lok Sabha from Bangalore (South) on the occasion’s price. He served as speaker of the house from 1977 to 1980.
Earlier, M.C. Chagla, who retired as chief justice of the Bombay high court in 1958 used to be appointed India’s ambassador to the usa after which high commissioner to the United Kingdom by Jawaharlal Nehru. He therefore entered the executive first as minister for training after which external affairs minister.
The Modi executive precipitated an argument in 2014 itself when itappointed one other worn CJI, Justice P. Sathasivam, as governor of Kerala. Sathasivam had retired from the Supreme Court docket in 2013 nonetheless had presided over a bench that gave critical reduction to the then house minister of Gujarat, Amit Shah, within the custodial killing case of Tulsiram Prajapati. Shah is now Union house minister.
Whereas Sathasivam used to be the most critical CJI to be appointed a governor, the most critical apex court make a possibility to be sent to a Raj Bhavan used to be Fathima Beevi. She retired from the Supreme Court docket in 1992 nonetheless used to be made governor of Tamil Nadu in 1997, five years after her final bid as a make a possibility.
In 2017,there had been experiencesthat one other worn CJI, Justice T.S. Thakur, had been approached by the Aam Aadmi Occasion to contest for one of its Rajya Sabha seats nonetheless declined the provide.
Jaitley: ‘Judgments influenced by desire for put up-retirement job’
Sarcastically, the view of giving put up retirement jobs to high judges used to be strongly opposed by the dead BJP leader Arun Jaitley, whodenounced such appointmentsat a assembly of the BJP’s factual cell in 2012.
“Pre-retirement judgements are influenced by a desire for a put up-retirement job,” Jaitley had acknowledged. “This clamour for put up retirement jobs is adversely affecting the impartiality of the judiciary of the country and time has come that it’s miles going to mute come to an dwell…”
Other than sending Justice Sathasivam to Kerala as governor, on the choice hand, Jaitley used to be additionally occasion to the appointment of Justice Adarsh Goel, directly after retirement from the Supreme Court docket, as head of the Nationwide Inexperienced Tribunal.