New Delhi: With his appointment as the governor of Andhra Pradesh on Sunday, Justice Abdul Nazeer has joined former Chief Justice of India Ranjan Gogoi and Justice Ashok Bhushan in the post-retirement posting.
The three judges were part of a five-judge constitution bench, which in November 2019 Pronunciation Unanimous verdict in Ram Janmabhoomi-Babri Masjid case, decision to give ownership rights of disputed 2.77 acres of land in Ayodhya to temple trust.
Justice Ashok Bhushan, who was to retire in July 2021 made President of the National Company Law Appellate Tribunal in November 2021. Gogoi, who had quit in November 2019, was named a member of the Rajya Sabha a few months later in March 2020. Justice Nazeer has now got a member. Entry40 days after his retirement.
When it comes to post-retirement postings, Justice Gogoi has held one post for the longest time among the three retired judges. But the former CJI’s performance in Parliament has not been impressive.
Rajya Sabha MP has recorded average parliamentary attendance 29 percent Over the three years, that compared to an average attendance of 79 per cent of MPs.
On his appointment to the Upper House, Gogoi had Said A news channel: “I have accepted the offer of nomination for Rajya Sabha because of the firm belief that the legislature and the judiciary must, at some point, work together for nation-building. My presence in Parliament will be an opportunity to present the views of the judiciary before the legislature and vice versa.
In December 2021, Gogoi again defended his decision to take up the posting in his memoir justice for the judgeExplaining that he had accepted the nomination without any hesitation as he wanted to raise issues related to the judiciary and the North-East region to which he belongs.
The Constitution provides that the President of India may nominate 12 persons to the Rajya Sabha having special knowledge or practical experience in respect of literature, science, art and social service.
But in the three years and eight Rajya Sabha sessions since his nomination, the former CJI has not asked a single question in the Upper House, nor participated in any discussion, nor tabled any private member’s bill, according to Parliament records. has been introduced.
ThePrint reached Gogoi over phone for comment, but did not receive a response till the time of publishing this report.
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‘I go there of my own free will’
according to Rajya Sabha recordGogoi has attended the ongoing budget session for six of the 10 days till February 13. In the last budget session, he was in the House for only seven days out of 29.
The past few sessions have seen an increase in Gogoi’s presence, but no significant interference from his side in law-making.
Unlike other members, Gogoi has not asked any starred or unstarred questions in the Upper House over the years. while starred questions are They In which answers are given orally, written answers are received for unstarred questions.
There is also no ‘Special Mention’ on his account, which is done by MPs on matters of public importance.
The former CJI has not participated in any debate, while National average Such participation by MPs is 56.9.
Compare this with athlete PT Usha Display In Parliament. He was enrolled in July 2022 and has an average attendance of 91 per cent over three seasons. He has also asked eight questions and participated in three debates in three sessions.
Three years into his post, the former CJI, who was sworn in amid sloganeering by opposition members, is yet to interfere in the judiciary or in matters relating to the North-East.
In March 2022, the Rajya Sabha had discussed In the functioning of the Ministry of Development of North Eastern Region, but Gogoi did not participate. At the end of 2021, was in the upper house discussed High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, during which several members raised issues related to the judiciary, such as social diversity, but here too the former CJI did not participate.
in one Interview In December 2021, he had defended his absence from the Rajya Sabha by saying that “due to Covid, on medical advice, I am not attending the session”.
He had also said: “I go there of my own free will, I come out of my own free will. I am not governed by any party whip, I am an independent member.
Gogoi was also in July 2020, shortly after his nomination to the Upper House by the President Appointed To the Parliamentary Standing Committee on External Affairs. In 2021, he was placed on the Standing Committee on Communications and IT.
Committee sources said Gogoi was re-nominated to the Committee on External Affairs in September 2022 but “did not attend all nine of its meetings”.
Even as part of the communications committee, where Gogoi served for eight months, he did not attend a single meeting, according to Rajya Sabha records.
During this, the committee discussed matters such as “protecting civil rights and preventing misuse of social and online news platforms”, in which Gogoi’s participation could be crucial.
Lok Sabha MP NK Premachandran, who is also a member of the Standing Committee on External Affairs, told ThePrint, “He (Gogoi) has not attended any meeting. Nominated members enjoy the same privileges as ordinary MPs and must contribute as an MP. He has had a distinguished career.
Another nominated Rai Sabha member, Ghulam Ali, told ThePrint that elected and nominated members enjoy the same privileges and said, “I have participated in the motion of thanks, apart from attending committee meetings”.
(Editing by Nida Fatima Siddiqui)
Read also: ‘Senior Indian government bureaucrat came and told me to go slow on NRC’: Ranjan Gogoi