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P Sathasivam appointed Kerala Governor: Why is BJP degrading the stature of Chief Justice of India?
The government’s move is not only diminishing the stature of CJI but also influencing the judiciary in a indirect manner.
Despite severe criticism from opposition parties and judicial circle, Narendra Modi-government appointed ex-Chief Justice of India P Sathasivam as Kerala Governor. This is the first time in the Indian history when a ex-CJI will occupy Raj Bhavan.
Bharatya Janata Party has made clear just after forming government that it wants to replace governors who were appointed by the previous government with nominees of its own. But appointing a person, who had been in judicial system for the post that has been politicised has raised eyebrows of many.
The first question which has been raised is that ‘Is it fair for a person who had been practising in judiciary to run behind a political post?’ Doesn’t if affect the judicial system? Congress is blaming that BJP rewarded Sathasivam for his ruling in Amit Shah case (Sohrabuddin fake encounter case). If it is the case, then other judges will also keep political parties’ interest in mind while giving judgements and so that they will benefited with a post after their retirement. And it will surely downgrade the judiciary.
Moreover, BJP is itself degrading the stature of CJI. The post of CJI is fourth top constitutional position after President, vice President and Prime Minister. So if an ex-CJI becomes Governor of any state which is actually a lower post that CJI, then it is an attempt to decline the stature of the prominent post of CJI.
Moreover, BJP itself degrading the stature of CJI. The post of CJI is forth top constitutional position after President, vice President and Prime Minister. So if an ex-CJI becomes Governor of any state which is actually a lower post that CJI, then it is an attempt to decline the stature of the prominent post of CJI.
Significantly, the senior BJP leader Arun Jaitley had opposed UPA government’s move to appoint justice Markandey Katju as the Chairman of Press Council of India in 2013. He wrote in his blog, “I have held a strong view that Judges of the Supreme Court and the High Courts must not be eligible for jobs in the Government after retirement. In some cases the pre-retirement judicial conduct of a judge is influenced by the desire to get a post retirement assignment.”
Now BJP itself is promoting such appointments. However, the appointment of Sathasivam as Kerala governor is not against constitution but if people of judicial system will be put in political contest, it will affect the judicial independence. The government’s move is not only diminishing the stature of CJI but also influencing the judiciary in a indirect manner. If government wanted to use his caliber in government, why didn’t it appoint him as Lokpal?
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