Ravi Shankar Prasad mentioned even earlier than the collegium system got here into being, good judges have been appointed
Regulation Minister Ravi Shankar Prasad on Friday mentioned that the federal government had accepted the Supreme Courtroom’s 2015 judgement hanging down a legislation which sought to present the chief a higher say in appointment of judges however he has “very sturdy reservations” on the “patently flawed” logic given within the order.
He additionally referred to illustrations of Lord Ram, Krishna, Hanuman within the authentic Structure of India, saying these symbolize the cultural heritage of the nation.
“Had the Structure been framed at this time with these illustrations, what sort of storm it might have triggered,” he questioned.
The highest court docket verdict which struck down the Nationwide Judicial Appointments Fee Act had mentioned that the presence of the legislation minister would compromise on the independence of the physique to pick judges.
Addressing a gathering on the launch of a ebook, Mr Prasad mentioned when the Prime Minister might 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’ve very, very sturdy reservations on the flawed logic given within the judgement…the federal government has accepted and respects the judgement,” he mentioned.
He mentioned even earlier than the collegium system got here into being in 1991, good judges have been appointed.
To drive residence his level, he mentioned a choose appointed by the collegium was hauled up by the Supreme Courtroom for contempt.
On October 16, 2015, a Structure Bench of Supreme Courtroom by a 4:1 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 mentioned there may be plenty of debate on the difficulty.
“Some say we consider in constitutional nationalism and never Modi’s or BJP’s nationalism. I ask these as to whether or not they have seen the unique copy of Structure … it has illustrations of Lord Ram, Krishna, Hanuman, Shivaji, Lord Buddha, Mahatma Gandhi, Akbar, however not Babar or Aurangzeb … It (the unique copy of the Structure) was signed by Rajendra Prasad, Jawaharlal Nehru … it represents India’s cultural heritage,” he mentioned.
Mr Prasad mentioned suppose the Structure was framed at this time with such illustrations, it might have triggered a storm. “India’s structure which is disadvantaged of its cultural roots wouldn’t be everlasting. This was the considering behind it,” he mentioned.
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