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Congress Vs Center Over Governor’s Post For Former Supreme Court Judge

February 12, 2023
Bharat Times

New Delhi:

The appointment of Justice Abdul S Nazeer, a former Supreme Court judge, as governor six weeks after his retirement has become the latest flashpoint between the Congress and the BJP, rekindling the debate on the mandatory cooling-off period for judges after retirement. Giving air The Congress has cited a remark by the late Arun Jaitley, former law minister and one of the BJP’s tallest legal stalwarts, to make its stand. But Kiren Rijiju, who now holds the Law Ministry, tweeted, “He should understand better that he can no longer treat India as his personal fiefdom”.

“The whole eco-system is once again in full swing on the appointment of Governor. He should understand better that, he can no longer consider India as his personal fiefdom. Now, India will be guided by the people of India. Constitution of India Provisions,” read Mr Rijiju’s tweet.

Justice Nazeer, who was part of several landmark judgments including the Ayodhya Ram Janmabhoomi case, demonetisation and triple talaq, was one of the six new faces appointed by President Draupadi Murmu as governors.

Citing late BJP leader and former law minister Arun Jaitley’s remarks against such appointments, the Congress said the move was a “big threat” to the independence of the judiciary.

Congress general secretary and in-charge of communications Jairam Ramesh tweeted a video of Arun Jaitley’s remark in 2012 that “pre-retirement decisions are influenced by post-retirement jobs… This is a threat to the independence of the judiciary”.

“Certainly proof enough in the last 3-4 years,” read the caption added by Ramesh.

“We are not talking about individuals or individuals,” Congress’s Abhishek Manu Singhvi later clarified at a press conference, reported news agency Press Trust of India.

“Personally, I have great respect for this man (Justice Nazeer). I know him, this is not about him at all. We oppose it as a matter of principle, as a matter of principle we believe That’s a big deal.” Singhvi quoted Arun Jaitley’s remarks, saying, “a big threat to the independence of the judiciary.”

CPM leader and Rajya Sabha member AA Rahim also criticized the government’s decision, calling it a “smear on democracy”. He said Justice Nazeer should refuse to take up the job.

“The Central Government’s decision to appoint Justice Abdul Nazeer as Governor is not in consonance with the constitutional values ​​of the country. It is highly condemnable. He (Justice Nazeer) should refuse to take up the offer. The country should not give up.” Trust in your legal system. Such decisions of the Modi government are a blot on Indian democracy,” Mr Rahim said in a Facebook post.

Taking a jibe at the opposition, BJP national general secretary BL Santosh reminded that the appointment of judges as governors is not the first.

In recent years, former Chief Justice of India Justice P Sathasivam and former Justice M Fathima Beevi were appointed as governors. Justice Sathasivam was appointed as the 21st Governor of Kerala from 5 September 2014 to 4 September 2019. M. Fathima Beevi was appointed as the Governor of Tamil Nadu during the Third Front government led by HD Deve Gowda.

Before his retirement on January 4, Justice Nazeer headed the constitution bench which upheld demonetisation by the government. He was also part of the bench that gave a unanimous verdict on the construction of the Ram temple in Ayodhya.

He was also part of the bench that declared the ‘right to privacy’ a fundamental right and delivered a minority verdict upholding instant “triple talaq”.

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