Jaitley not on same page with SC’s Guj Lokayukata call
4 Jan 2013 6:08 AM IST
Leader of opposition, Rajya Sabha Arun Jaitley on Thursday, expressed his reservations by the judgement of Supreme court over the appointment of Gujarat Lokayukata. The Bharatiya Janata Party leader in his article said that he seriously disagrees with the observation of the Supreme Court.
'The fact that the Chief Justice is an independent constitutional authority does not imply that the CM or the Leader of Opposition have no constitutional or statutory role particularly when the power to be exercised is an Executive function and not a judicial one,' wrote BJP leader in an article. He further added that the act framed by the legislature does not give any primacy to the opinion of the chief justice.
Jaitley in his article also said that there is no presumption that the Chief Justice alone is the best judge with regard to the performance of retired judges. 'Quite to the contrary, the system of judges alone appointing judges and the judges alone judging judges has not worked satisfactorily in India. Many regard it as a failed system,' said Jaitley in his article.
The leader of opposition Rajya Sabha, also said that the judgement creates an imbalance in the separation of powers as the executive function where the Chief Justice is a participant in the consultation process is converted into a process where it becomes the sole prerogative of the Chief Justice of a HC to nominate the Lokayukta.
'The CM’s role as nucleus of the consultation process is eliminated. The Chief Justice’s letter to the Governor is a substitute for the aid and advice of the Council of Ministers. Needless to say that the same logic will apply to the opinion of the Leader of Opposition in the consultation process', wrote BJP leader.
'The fact that the Chief Justice is an independent constitutional authority does not imply that the CM or the Leader of Opposition have no constitutional or statutory role particularly when the power to be exercised is an Executive function and not a judicial one,' wrote BJP leader in an article. He further added that the act framed by the legislature does not give any primacy to the opinion of the chief justice.
Jaitley in his article also said that there is no presumption that the Chief Justice alone is the best judge with regard to the performance of retired judges. 'Quite to the contrary, the system of judges alone appointing judges and the judges alone judging judges has not worked satisfactorily in India. Many regard it as a failed system,' said Jaitley in his article.
The leader of opposition Rajya Sabha, also said that the judgement creates an imbalance in the separation of powers as the executive function where the Chief Justice is a participant in the consultation process is converted into a process where it becomes the sole prerogative of the Chief Justice of a HC to nominate the Lokayukta.
'The CM’s role as nucleus of the consultation process is eliminated. The Chief Justice’s letter to the Governor is a substitute for the aid and advice of the Council of Ministers. Needless to say that the same logic will apply to the opinion of the Leader of Opposition in the consultation process', wrote BJP leader.
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