oppn parties No Controversy: Justice Gogoi Is Next CJI

News Snippets

  • PM Modi tells BJP workers that India is in for a long battle against the coronavirus and there is no scope to feel tired or defeated
  • PM Modi asks ministers to focus on exports and new areas and sectors
  • PM Modi asks ministers to prepare business continuity plan post the lifting of the lockdown
  • Corona cases in India cross 4000 and the death toll stands at 124
  • The government decides to double the testing of corona suspects from 10000 now to 20000 in the next three days
  • Flipkart assures employees that there will be no job or salary cuts due to the COVID-19 pandemic
  • Although it was obvious, but the government still clarifies that there is no need to switch off appliances and only lights need to be switched off on April 5 at 9pm after confusion in the minds of some people
  • PM Modi and President Trump decide "to deploy full strength of (Indo-US) partnership" to fight against COVID-19
  • 17 states have reported 1023 cases of coronavirus linked to the Tablighi Jamaat, which translates to 30% of all positive cases in India
  • The government says people should not use alcohol-based hand sanitizers before lighting diyas or candles on April 5
  • The railways say there is no certainty yet when services will resume after the lockdown and a final decision will be taken in the next few days
  • As coronavirus cases multiply in Assam, six north-east states seal their borders with the state
  • Power System Operation Corporation Ltd. (POCOSO) putting all systems and protocols in place at war-footing to ensure there is no grid failure due to reduction in demand on April 5 at 9 pm
  • Power ministry scotches rumours that the power grid might fail due to the 9-minute blackout called by PM Modi on Sunday, April 5
  • Centre asks people to wear home-made masks if it is absolutely essential for them to step out of homes
26 nurses and 3 doctors test positive for COVID-19 at Wockhardt Hospital in Mumbai, facility cordoned off, no entry or exit permitted from the hospital
oppn parties
No Controversy: Justice Gogoi Is Next CJI

By Sunil Garodia
First publised on 2018-09-14 13:57:54

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
It is good that the government has respected the independence of the judiciary and accepted the recommendation of the outgoing CJI Justice Dipka Misra for elevating the senior-most judge, Justice Ranjan Gogoi, as the next CJI from October 3. It lays to rest a controversy that was building around this appointment. Detractors had questioned the motives of the government ever since it had stalled the elevation of Justice K M Joseph to the apex court. Some people had then commented that the government was interfering in the work of the judiciary and will do the same when it comes to the appointment of the next CJI. They were of the opinion that since Justice Gogoi was outspoken and had revolted against the present CJI, the government might supersede him to appoint a judge of its choice.

But with Justice Gogoi’s appointment, it is clear that the government is not trying to influence the judiciary per se. There might be issues which the government feels need reexamination. Justice Joseph’s elevation was one such issue. The government felt that there were other senior judges of competence and then there was the question of regional representation. The law allowed the government to send back the name once for reconsideration. Hence, it had done so in good faith. But people alluded to the fact that Justice Joseph’s appointment was stalled as he had delivered a judgment that went against the BJP government in Uttarakhand. Did not the government appoint him after his name was sent back by the collegium?

Even when there is no malafide intention, a section of the press, in collusion with the so-called liberals, is trying to whip up controversy. In doing so, they are trying to drive a wedge in the relations between the executive and the judiciary. This is not good for democracy. When a group of judges had questioned the CJI on distribution of cases, they had raised a point of law. The press tried to project it as a revolt. It was subsequently cleared that it is the prerogative of the CJI to allot cases as even though he cannot be termed superior to other judges, he is obviously ‘first among equals’. Otherwise, there is no point in having a chief justice. A section of the press had played a very questionable role during that controversy. If the executive and the judiciary are two important pillars of democracy, the media is one too. Hence, it should desist from creating controversies when none exist.