The proposed National Judicial Appointments Commission’s (NJAC) validity will now be examined by a Constitution bench in the Supreme Court after a three judge bench referred petitions challenging it to a five judge bench, reported//Mint.
The Supreme Court Advocates on Record Association, the Bar Association of India and several individual lawyers had challenged the NJAC Act on the ground that not only did it threaten the independence of the judiciary but also that the parliament was not competent to pass it because the constitutional amendment giving it such power had not come into effect.
Senior advocate Fali Nariman had argued before the bench of justices Anil R Dave, J Chelameswar and Madan B Lokur that there was a substantial question of law involved in the case, which could be considered only by a constitution bench.
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the NJAC consists of six members. three top judges of supreme court of india, the law minister and two persons of eminence appointed by a committee of 3 persons, that is, the chief justice of supreme court, the prime minister and the leader of opposition.
there is no issue about the 3 judges.
it is what now is.the law minister is a gentleman of the ruling party. he is always at the pleasure of the prime minister.so he is not an independent person.
now the two eminent persons.
India consists of about 1.3 billion or 130 crore of people. above 20 crore people must be over 50 years of age. out of the 20 crore at least there must be twenty thousand eminent people in India, if not more. who is an eminent person? anybody famous, prominent in any field or profession.
recently a very eminent person was appointed chairman of the censor board or the central board of film certification.some eminent people were appointed as members of that board.
people of much higher eminence have always been appointed by congress upa and bjp nda governments and third front governments as governors of different states in india. over all a few thousand eminent persons are appointed as vice chancellors, members, of various, committees, bodies, commissions etc all over india.there are retired army chiefs. there are retired judges. there are retired or functioning lawyers, doctors, other professionals, retired presidents and vice presidents, gurus, sadhvis, maharajs, yogis, swamis, sanths and so on. we are such a great country. we have too many eminent people.
the problem is eminent people are not simply and only eminent people. they just eminent.and they are and can be anything else and everything else. the other great or mean qualities and characteristics have no bearing on their eminence. we only look at their eminence. decency demands we do not look inside the cover of their hard earned eminence. this is where the problem comes.
so many of the eminent people in India, like the governors, some presidents and vice presidents of India, many members and chairmen of the censor board, different commissions, retired judges, retired professors, retired doctors lawyers architects and all assorted eminent people have in some large number of cases shown their true colours as human beings. we bowed our heads in national shame at what these really eminent persons were inside.for every eminent person whose inside story has come out, there will be hundred eminent persons whose story has not come out and will never come out on this earth. heaven is a different matter.
so when the government chooses such two eminent persons, what can a poor chief justice member do? what can even the leader of opposition member do in the committee? how can an eminent person be denied of their eminence? specially when a smart government chooses a presently willy nilly eminent person, whose eminence was conferred and confirmed by the present leader of opposition while he/she was the prime minister or minister of the union or state government?
NOTHING!
THIS IS THE CRUX OF THE MATTER. THERE ARE THOUSANDS OF EMINENT PERSONS in India and every country in the world available for sale for cash or kind, for ideology or for extreme thoughts or any other things that appeal to their softness of some kind somewhere in their personality.
so this is where any government in power can get flexible, malleable men and women as the eminent person members of this NJAC. SO NOW IT IS 3:3. NOW JUDGES are from among the society we all live in. so it will not be difficult for a government to enlist the support of one judge, specially when they already have three votes in their pocket, to do the government bidding. so the whole thing would collapse. that is what shri ram jethmalani is saying. and shri ram jethmalani is not an anti BJP person, though he is among very few men of eminence, as also possessing very high level of integrity, patriotism and above all an undaunted and un dented loyalty to the cause of preserving the pre eminence of the constitution of India, separation of powers and judicial review.
let us hope the supreme court in all its great wisdom holds this draconian law jointly passed by a combination of all anti people parties/politicians together in great harmony, as being patently opposed to the basic structure of the constitution of India. if not the story of India is over once for all. we will see the death of democracy as in Malaysia and Maldives. when and how the people of India take their future back into their own hands, with what means is going to be a very vague question. for the present it is only the supreme court of India which can protect the constitution, the country and the people. no one else!
let us hope and pray the great GODS we all pray, whatever form they may have or wish to take, come to protect us as it has been said in the geethaa! it is ironical that our wonderful great prime minister shri narendra bahi damodardas modi ji believes in geetha, presents it to heads of state. we will be very happy sir, shri modi ji, if you can somehow remain impartial and let this story take its own course and permit our great gods to do what they intend as under!
"Yada Yada Hi Dharmasya
Glanirva Bhavathi Bharatha,
Abhyuthanam Adharmaysya
Tadatmanam Srijami Aham'.
Bhagavad Gita (Chapter IV-7)
"Whenever there is decay
of righteousness O! Bharatha
And a rise of unrighteousness
then I manifest Myself!"
Praritranaya Sadhunam
Vinashaya Cha Dushkritam
Dharamasansthapnaya
Sambhavami Yuge-Yuge."
Bhagavat Gita (Chapter IV-8)
"For the protection of the good,
for the destruction of the wicked and
for the establishment of righteousness,
I am born in every age."
satyameva jayathe! bhaarath maathaa ki jai!
bhaarath pithaa( constitution of india, samvidhaan) ki jai!
jai hind!
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