New Delhi, Oct 26 (PTI) The BJP on Monday slammed the Congress for questioning judicial independence under the Modi government and asked the opposition party to respond to alleged involvement of Sonia Gandhi and Ahmed Patel in appointment of judges during the UPA rule before lecturing others on constitutional propriety.
This came a day after the Congress raised “serious questions” regarding the independence of the judiciary under the Modi government, citing former Supreme Court judge Justice Sanjay Kishan Kaul’s yet-to-be-released memoir, and asserted that the institution tasked with upholding the Constitution must remain free from the pressures of those in power.
In a post on X on Sunday, Congress general secretary in-charge communications Jairam Ramesh shared a media report which quoted the pre-publication manuscript of Kaul’s memoir ‘Without Fear of Favour’ as stating that then Chief Justice of India D Y Chandrachud was “too deferential to the Government” when it came to appointments.
Hitting back, BJP spokesperson Sudhanshu Trivedi said on X, “Jairam ji, please don’t start doling out ‘gyan’ (wisdom) by getting guided by mere stories without any official documents.”
“If we’re going to talk about stories, then refresh your memory on those very famous tales from Delhi’s corridors about how judges’ appointments used to happen during your own regime,” he said in his post in Hindi.
“Before lecturing others on constitutional propriety, please answer these serious allegations too,” the BJP Rajya Sabha MP added.
Trivedi claimed that during the Congress rule, it is said that a select list of names for judges appointment would first go to party leader Ahmed Patel.
“There, allegedly, the deliberation wasn’t so much about judicial merit as it was about the question: ‘What will they do for us?’” the BJP leader charged.
“If we’re to believe the stories, then consensus would form on some names after that. These names would reach the then Prime Minister Manmohan Singh. From there, Sonia Gandhi’s opinion would be sought, and only then would the names be finalised,” he added.
Trivedi asked Ramesh what constitutional position Patel and Gandhi held that gave them a role in any government process.
“Was there any role for them at all in approving names for such a serious matter as judges’ appointments, or not? Should this story be taken as true?” the BJP leader asked.
Attacking the Congress, Trivedi further said it’s “quite bizarre” that those who bypassed the seniority of three judges to appoint a chief justice and spoke of a “committed judiciary” are now giving long-winded sermons on the independence of the judiciary, but there’s not even a discussion on these questions about appointments during their own regime.
“You have told a story that has no official document in court records or government archives. Let me remind you of what is in the government records and court documents: You appointed a person as India’s Chief Justice who didn’t even have a law degree in 1967-68,” the BJP MP said.
“Can you tell the country what qualifications he had that led to the sidelining of all the excellent judges with top legal degrees at that time and appointment of someone without a law degree as Chief Justice of India?” he asked Ramesh. PTI PK PK KVK
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