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Gogoi’s RS nomination challenged in top court

Posted in S. Asia

Published on March 23, 2020 with No Comments

Amid criticism over former CJI Ranjan Gogoi being nominated by the President to the Rajya Sabha, noted activist Madhu Kishwar has moved the Supreme Court challenging it on the ground that “it compromises the independence and credibility of our judiciary at the highest levels.”

Justice Gogoi — who was nominated by President Ram Nath Kovind on Monday as a member of the Council of States against a vacancy created by resignation of senior advocate KTS Tulsi — took oath on Thursday amid chants of “shame” from members of the Congress, who have criticised the appointment as an assault on the independence of the judiciary.The Congress members also walked out in protest in the middle of the oath.

Welcoming Justice Gogoi, union Law Minister Ravi Shankar Prasad said: “Rajya Sabha has a great tradition of many eminent persons coming from diverse fields, including former Chief Justices. Justice Gogoi who has taken oath today will surely contribute his best. It was grossly unfair to do that (Congress walkout).”

Contending that ‘independence of judiciary’ is an essential part of the basic structure of the Constitution and a pillar of democracy, activist Madhu Kishwar said, “Any act which creates any adverse impression on the independence of judiciary like the present one, wherein former CJI has been nominated to Rajya Sabha, amounts to an assault on the independence of judiciary.”

Madhu Kishwar requested the top court to stay Justice Gogoi’s nomination to the Rajya Sabha. Noting that there was a restriction on employment by Chairperson and Members of Lokpal after ceasing to hold office, she said a similar restriction should be there on former judges. 

 

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