In a recent lecture titled ‘Constitution: Check And Balances,’ former Supreme Court judge Rohinton Nariman highlighted what he deemed “disturbing” events from 2023. The list included the Supreme Court’s verdict on the abrogation of Article 370, changes in the Collegium system, and other legislative developments.
Supreme Court’s Article 370 Verdict: A Cause for Concern
Justice Nariman expressed deep concern over the Supreme Court’s decision upholding the abrogation of Article 370, deeming it “very disturbing.” He argued that by refusing to make a decisive ruling on the matter, the Court allowed an unconstitutional action to persist indefinitely, sidestepping crucial constitutional provisions.
He questioned the Court’s reliance on assurances from Solicitor General Tushar Mehta regarding the restoration of Jammu and Kashmir’s statehood. Justice Nariman argued that Mehta lacked the authority to bind future governments or legislatures, rendering the Court’s decision problematic.
Bill on Appointment of Election Commissioners: Disturbing Developments
The passing of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill in Rajya Sabha drew Justice Nariman’s criticism. He deemed the alteration in the committee composition, replacing the Chief Justice of India with a Union minister, as the “second most disturbing feature.” He warned that if such trends in appointments continue, free and fair elections could be jeopardized.
Collegium System: A Flawed but Unavoidable Process
Addressing the controversial Collegium system for appointing judges, Justice Nariman acknowledged its flaws but argued that there was currently no superior alternative. He proposed a Collegium of retired judges collaborating with government officials, including the Chief Justice of India, to recommend judges. The Collegium system has been a contentious issue, with allegations of the central government withholding candidate names.
Other Disturbing Incidents
Justice Nariman also highlighted the ban on a BBC documentary about the 2002 Gujarat riots as a troubling incident. He criticized the subsequent Income Tax Department raids on the broadcasting company, stating that any attack on the media should be vigilantly addressed by the courts.
The ongoing conflict between the Kerala government and the Governor was listed as another event causing concern. Justice Nariman emphasized the need for the courts to be vigilant against any assault on the media and illegal actions such as tax raids.
