Former Chief Justice of India (CJI) P Sathasivam was today sworn in as governor of Kerala, as the first ex-CJI to have been appointed to a state’s governorship, according to reports.
The appointment has been heavily criticised since it was first announced this week, with lawyers, opposition politicians and former judges arguing that it could lead to judges in future trying to please the government to secure prestigious post-retirement appointments.
Sathasivam denied that he went soft on now-BJP president Amit Shah and his bench did not give Shah a clean chit in the Sohrabuddin encounter case, and said that his appointment was completely proper.
Supreme Court advocate Sanjay Hegde argued in a column in The Hindu today that the appointment was setting a troubling precedent, despite high court judges in the past having held gubernatorial positions.
The judiciary and the government have been at loggerheads since the NDA came to power over the role the executive should play in judicial appointments.
Comments
I guess the title of the article is no so-apt. A reconsideration might be needed.
Facts are:
1. Judiciary has been on a warpath with this government.
2. NJAC passage is still not assured.
3. Government gives a non-controversial, un-threatening and generally safe ex-CJI the Kerala governorship.
http://www.legallyindia.com/Supreme-Court-Postcards/as-good-as-it-gets-court-witness-cji-report-card-on-sathasivam-the-safe-a-remarkable-chief-justice
4. Implication: behave on the bench and you too will get a jammy gig on retirement.
5. Also, Sathasivam was pretty critical of a JAC when he retired in April.
http://timesofindia.indiatimes.com/india/Collegium-system-for-judges-appointment-best-option-Chief-Justice-P-Sathasivam/articleshow/34169844.cms
Coincidence that government now pats on head one of the few ex judges who has not been vociferously critical of the NJAC during its passage?
https://www.google.com/search?q=sathasivam+judicial+appointments+commission&num=20&safe=off&biw=1266&bih=600&source=lnt&tbs=cdr%3A1%2Ccd_min%3A6%2F1%2F2014%2Ccd_max%3A8%2F25%2F2014&tbm=nws
Sathasivam claims he's been farming in Kerala, of course, which is fine. But other judges should wonder - would he have got the role if he had opposed the government publicly on NJAC after retirement too?
So far, at least some efforts were being made to uphold the "dignity and majesty" of the Courts and its officers.
With this, it is clear to all who care to think - a Judge who falls in line, is a Judge who falls in favour.
Time, my friends, to weep at the demise of "separation of powers".
Contest the rise of authoritarianism - at your sole/exclusive risk to life and limb.