Kapil Sibal has his hands full
Fifth Law Minister in less than five years; relations with the judiciary among his challenges.
Telecom Minister Kapil Sibal,given additional charge of the Law Ministry,faces several challenges in his new assignment at a time when the government is under the scanner of courts,particularly the Supreme Court,in scam-related cases.
Sibal,an eminent lawyer,is the fifth Law Minister in less than five years and fourth in the over four years that UPA-II has been in power. He would have to use all his legal skills to ensure the Centre doesnt get more flak from the judiciary,especially due to poor presentation of its stand before the courts.
Sibal comes to the ministry when the tussle between the judiciary and the executive is at its fiercest. Sibal had recently taken on the higher judiciary for trying to interfere in the domain of the executive. He had said that since courts want the government to be transparent while passing orders,it would not be wrong to expect courts to give full reasons for their decisions.
His skills would also be required to push crucial legislations concerning judicial reforms,which are stuck in Parliament for want of support from parties,especially those from the opposition.
Among the Law Ministry Bills pending in Parliament are the Judicial Standards and Accountability Bill,the Commercial Division of High Courts Bill,2009,and the Constitution 114th Amendment Bill,2010,which proposes to increase the retirement age of high court judges from 62 to 65,the same as Supreme Court judges. Most Bills concerning the higher judiciary need to be passed with two-thirds majority of both Houses,which the government cant manage without the support of the opposition.
The change of guard in the Law Ministry started with H R Bhardwaj,who held the portfolio for the tenure of UPA-I. He was sent to Karnataka Raj Bhawan after UPA returned to power in 2009 and Veerappa Moily appointed Law Minister. But he was shifted within two years to the Corporate Affairs Ministry. During Moilys tenure,then Solicitor General Gopal Subramanium resigned in a huff after the government decided to bring in a private lawyer in the 2G case.
Salman Khurshid came to the ministry after Moily but he too didnt last long; he was shifted to the Foreign Ministry in October last year. During his tenure,the ministry and the government drew flak from the opposition as well as the Election Commission for trying to tinker with the autonomy of the EC. During the UP election,in which the Congress finished a poor fourth,Khurshid entered into an ugly spat with the EC,which finally culminated in his expressing regret to the poll panel.
Khurshid was replaced with Ashwani Kumar,considered the choice of PM Manmohan Singh. However,not only could Kumar not push any of the pending legislations in Parliament,his position became untenable after The Indian Express expose about him and two joint secretaries one each in the PMO and the Coal Ministry having made significant changes to the CBI status report. On Saturday,addressing the media,Kumar tried to put up a brave face,asserting he had quit to end an unnecessary controversy. He also maintained that the Supreme Court had not made any adverse comments against him in the case.
His resignation,he said,did not imply any wrongdoing. I have done so to put an end to an unnecessary controversy in a matter which is before the Supreme Court and in which no adverse comments have been made against me in any manner whatsoever. My conscience remains clear and I believe that I will stand vindicated because divine justice ordains that truth and justice will prevail, Kumar said.
Asked whether he has been made a scapegoat,Kumar refused to make a comment but said he would rather let people make a judgement.
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