Friday, December 30, 2022

Growing friction between Judiciary & Executive

 This is with reference to an English Daily Editorial Dt 9 th Dec,” Growing friction” between Judiciary & Executive,with regards to serious comments made by VicePresident of India Mr Jagdeep Dhankhar ,in his maiden speech in the Rajyasabha,over the issue of Appointment of Judges to the HCs& SCs, which reflects widening gap between Judiciary & Executive ,which could have been avoided.Normally when a person enters high office they prefer to say nice things and accommodative ,.platitudes rather than barbed comments are heard on the first day .This is second time in two weeks that Mr Dhankhar has raised the issue of “ judges appointments” and criticised the  Supreme court .Afew weeks ago Minister for Law& Justice Mr Kiran Rijiju,described the Colligium system as “ opaque” .He said when judges select judges there’s politics .The centre and the apex court have been on collision course with each taking potshots at the other over contentious issue .While Judiciary has been complaining about the delay in clearing the appointments,the government has been consistently raising objections over the functioning of collegium.The conflict if not resolved emicably,it could threaten the institutional balance and adversely impact the justice delivery system .As such Mr Dhankhar, it looks is yet to shed his belligerence that he exhibited in Kolkata as Governor of WB,.He became a thorn in CM Mamtha ‘s side ,incessantly slating her government and its actions.Its widely believed that he has been rewarded for his bellicosity.At any rate ,his elevation may have inspired other Governors to become more aggressive; one example is Kerala Governor ,But Dhankhar must realise that his statements will now be highlighted and scrutinised much more than earlier.He could have avoided criticism of SC in strong words.Some of the measures adopted by the government in selecting the individuals to head the constitutional bodies is questionable.Unlike the earlier CJ I ,who was perceived to be close to the government,the present CJI is more inclined to take mattersheadon.

In the instant case by echoing the government’s position on an important issue VP has not presented himself as an impartial chairman of Rajyasabha who could hope to enjoy bipartisan support in the House.This is unfortunate.