Rejection of NJAC by Supreme Court.

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.