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Journalism of Courage
The Congress on Friday wrote to Rajya Sabha Chairman Jagdeep Dhankhar, saying he should not “cloak the debate” on the government’s handling of the judiciary “in the guise of concern for parliamentary sovereignty”, while terming his response to UPA chairperson Sonia Gandhi’s remarks on the issue as “extraordinary”.
In a letter to Dhankhar, Congress general secretary in-charge (communications) Jairam Ramesh alleged that no previous government, since the introduction of the Collegium system, has “interfered as excessively and thoroughly in the functioning of our judiciary”. “Mr Chairman, you call upon us to avoid taking partisan stances on constitutional offices. We agree. We also point out that this entire debate was initiated entirely, and without provocation, by the Law Minister,” Jairam wrote, adding that the argument that the judiciary cannot do more than interpret the laws was “incorrect”.
“The power of judicial review is part of the basic structure of our Constitution. It vests the courts with the authority to strike down legislation that is in violation of the Constitution or executive action that is simply mala fide. It is precisely these checks and balances under the Constitution which are not being adhered to by the government that has resulted in the current state of unease,” he said.
Addressing Congress MPs as the head of the party’s parliamentary party, Gandhi had on December 21 alleged that a “calculated attempt” was “underway to delegitimise the judiciary”. “Ministers and even a high constitutional authority have been enlisted to make speeches attacking the judiciary on various grounds,” she had said.
Dhankhar responded the next day, saying: “This office cannot be allowed to be dragged on the partition stance. I cannot be enlisted either by you or them to delegitimise judiciary.”
In his letter, Jairam pointedly asked Dhankhar if it was not a fact that despite the Collegium’s recommendations, “The government has delayed important judicial appointments on multiple occasions, knowing fully well that such delays are effectively a denial.”
“…Is it not a fact that this government attempted to amend the qualifications and manner of appointment to various Judicial and Quasi-Judicial Tribunals, such as the NGT, and had those choices struck down by the Supreme Court?” Jairam added.
