Face of Nation : Law Minister Ravi Shankar Prasad on Friday stated that the federal government had accepted the Supreme Court docket’s 2015 judgement placing down a regulation which sought to offer the chief a higher say in appointment of judges however he has “very strong reservations” on the “patently flawed” logic given within the order.
He additionally referred to illustrations of Lord Ram, Krishna, Hanuman within the unique Structure of India, saying these signify the cultural heritage of the nation. “Had the Constitution been framed today with these illustrations, what kind of storm it would have triggered,” he questioned.
The highest court docket verdict which struck down the Nationwide Judicial Appointments Fee Act had stated that the presence of the regulation minister would compromise on the independence of the physique to pick out judges.
Addressing a gathering on the launch of a guide, Mr Prasad stated when the Prime Minister could be trusted with the nuclear arsenal of the nation and appointment of constitutional authorities such because the Chief Election Commissioner and the Chief Vigilance Commissioner, how can his consultant within the NJAC can’t be trusted with appointing good judges.
“I have very, very strong reservations at the flawed logic given in the judgement…the government has accepted and respects the judgement,” he stated. He stated even earlier than the collegium system got here into being in 1991, good judges had been appointed.
To drive dwelling his level, he stated a decide appointed by the collegium was hauled up by the Supreme Court docket for contempt.
On October 16, 2015, a Structure Bench of Supreme Court docket by a four:1 majority upheld the collegium system and struck down the NJAC as unconstitutional. Referring to those that accuse the BJP of pushing its philosophy of “nationalism”, Mr Prasad stated there’s quite a lot of debate on the problem.
“Some say we believe in constitutional nationalism and not Modi’s or BJP’s nationalism. I ask those as to whether they have seen the original copy of Constitution … it has illustrations of Lord Ram, Krishna, Hanuman, Shivaji, Lord Buddha, Mahatma Gandhi, Akbar, but not Babar or Aurangzeb … It (the original copy of the Constitution) was signed by Rajendra Prasad, Jawaharlal Nehru … it represents India’s cultural heritage,” he stated.
Mr Prasad stated suppose the Structure was framed at this time with such illustrations, it might have triggered a storm. “India’s constitution which is deprived of its cultural roots would not be permanent. This was the thinking behind it,” he stated.
