It is very difficult and easy to
understand reason/s for rejection of NJAC by SC.
Difficult in the sense, that SC has
rejected NJAC on ground of encroachment of independence of judiciary and
violation of basic structure of constitution and so on. But problem is that
concept of basic structure is, itself a creature of court, nowhere mentioned in
constitution. Similarly the existing arrangement, that is appointment of “Judges
by Judges” themselves under collegium system does not find any mention in the constitution.
As per original provision of constitution SC/HC judges is to be appointed by
President (in fact by govt.) on the advice of Chief Justice of India. The
system existed from 1950 to 1992/93, when SC by its own ruling changed the rule
of game.
Easy in the sense
that, the way political class and specially ruling class, not this one but from
the time of Indira Gandhi (She had coined the word Committed Judiciary), has developed
dislike/ hatred for independent institutions and perceived them stumbling block
in implementing their own wishes and policies, it is very important for each institution
and more for SC to safe guard its independence. For example, when Govt. was troubled by Mr.
Seshan as EC, it made EC a multi member commission. In the present age, for
long FM was voicing concern over RBI governor not reducing interest rate and
has come out with idea of Monitory Policy Commission where governor may not
have veto. Such examples are available by dozen.
In
democracy, nothing wrong if elected leaders have last say /control over all
other institutions and many mature democracies do have this arrangement. But
tragedy is that Indian polity is not mature enough and is short sighted. No
active/popular leader after Nehru took interest in developing institutions
Under Manmohan Singh institution became strong or new institution came in to
existence because of his a political nature ( not because of interest). Now
every citizen have suspicion for Political class, and rightly fear that any institution
controlled by govt, will be misused. See fate of CBI, it booked a Secretary,
and later court freed him, saying CBI wrongly implicated him.
So under the
circumstances as a
citizen I am ready to
live with extra constitutional arrangement made by SC rather than
constitutional arrangement.
What is next
? It is time for BJP (and NDA), to realize that their high handedness and despise
for
congress/ opposition is proving counterproductive. After testing dust on “Land Acquisition
Bill” (for genuine opposition by congress) and facing problem over GST (for
political reason), it will be third occasion when though original NJAC bill was passed unanimously, revised bill ( on
NJAC) will not get support of congress and will not be passed.
Lesson
from this episode, if political class wants to be supreme claiming it to be
right position under democracy, they themselves has lot to improve and mature
and prove themselves worthy of a ruler.