CJI Ranjan Gogoi's appointment as MP is gift or Normal Appointment?
Ranjan gogoi , one of the eminent personality of India, was served as 46th
CJI of India . He joined Bar in 1978. He mainly practiced in Gauhati high Court.
After that he appointed as Permanent judge of High court on 24th feb 2001. Later
on he transferred to Punjab and Haryanva high court on 9th sept 2010.
Thereafter, He appointed as Honorable CJ of Punjab and Haryana Court on 12th Feb
2011. Further, He elevated as a honurable judge of Supreme Court and then
appointed as Honurable CJI of Supreme court on 30th October 2018.
Just after his retirement of 4 months, He got appointed as member of Rajya sabha
by the current serving party.
Which can't be counted as normal or simple appointment. At somewhere it involves
some political connections which makes difficult to believe on independence of
judiciary for the citizens of India. Judiciary should be independent and no
other body should manipulate or pressurize it according to their own will.
It also said that this appointment leads to Judiciary is also in danger and
Political involvements exist in Judicial system.Ranjan Gogoi's appointment is
very controversial because During his tenure he presided over many important and
landmark judgements :- Ram Janambhoomi and Babri masjid Land dispute case,
Rafale fighter jet deal case, The Sabarimala temple entry case, Triple talaq
etc. In most of the cases the judgement delivered was within the favour of the
Although after his nomination a PIL had filed which says that, Gogoi was
nominated under Art. 80 (1) (a) & read with (3) of the Constitution does not
stand as the requirements of the clause are not fulfilled. She by this
allegation argued that appointment of Ranjan gogoi cast a shadow in the
independence of judiciary. Also in april 2019, A report virals in the media that
a Supreme Court staffer had accused the CJI of sexual harassment. It came into
the notice when a women sent a letter to all the 22 judges (exist at that time)
which consists all affidavits and evidences.
But also it can't be ignored that any person who is appointed as judge of
supreme court and later on Elevated as CJI of Supreme court is not a highly
qualified and person with expertise in legal and political knowledge. But also
it is stated that the appointment of ranjan gogoi is constitutionally valid and
fulfill the criteria of Art 124(7) of the Indian constitution.
Examples Related To Cji Ranjan Gogoi:
we all know the judiciary works on precedence. Nomination of Ranjan gogoi is not
the first matter. It also happened in the past few examples were :- Justice
Bahrul Islam and another one was CJ Rangnath mishra . Both have somewhere same
cases like Ranjan gogoi. Justice Bahrul Islam was a memer of Rajya sabha from
congress. After that he got apponited to High court later on elevated as Supreme
court judge. When he served as judge of supreme he gave several important
judgements. Also gave the orders in cases involving Congress CMs. Another
example of the CJ Rangnath mishra who was appointed in rajya sabha by congress
when no objection was raised then again the congress.
The acceptance of judges of any of the judge for rajya sabha leads to raising a
doubt in the public mind about their conduct as judge. We have also example of
Justice T.S. Thakur who rejected the offer of Rajya sabha membership made before
him. So even if the offer is made to him , there can be solely duty of them to
refuse. To prove properity over legality context. By refusing it, leads to
enhancing the postion of judges in the eye of the common people.
Tenure Of Gogoi As Cji And MP:
It also have allegations that Ex - CJI Ranjan gogoi delayed the hearings of the
Kashmir lockdown and also did not give much importance to petitions of habeas
corpus. The allegations makers argued that his nomination of Rajya sabha can be
treated or counted as " QUID FOR QUO" for the Ranjan gogoi . Because, In his
tenure mostly he given the judgement in the favor of the the government and For
that , Government gave him rajya sabha nomination in reward.
The Government's appointment of Gogoi is not much fruitful because the members
who nominated by the president enjoys same benefit as enjoyed by other member of
the rajya sabha. But Ranjan gogoi not attended session regularly. According to
PRS Legal research, Gogoi have only 30% attendance. He even not asked any single
question in the parliament and also didn't participated in any of the debate. As
we compare Ranjan gogoi with the P T Usha who was also appointed same as gogoi.
Her attendance in july 2022 was 91% in 3 session which is very well and good.
As we all know the judiciary and Legislature of our country have always some
differences between them. For the welfare of the state and its people both the
organs of the government should ignore these differences and work together
without making any allegations on each other and According to Ranjan Gogoi his
appointment to rajya sabha may somewhere leads in literally making the
Legislature and judiciary work together for the nation building. He also said
that he accepted this seat because he have to show the problem of the North East
region before the parliament and also to protect the views of the judiciary
before the Legislature and vice versa.
But , In march 2022 when Discussion was going on in parliament over "
Development of North East Region" Gogoi should participate in that but he didn't
participated in that discussion. Also In late 2021, There was discussion on High
Court and Supreme Court judge salaries and condition of services amendment bill,
during which many members of the parliament flagged the issues concerning the
judiciary such as independence of judiciary and social diversity but also in
this discussion Gogoi did not participated. His opinion on the participation in
debate discussion and parliament was that :- " I go anywhere by choice , I go
there when I feel like".
His appointment may can somewhere can leads in working of the judiciary and
Legislature together easy because we have and precedents and have some traces
about overlapping of judiciary and Legislature. Each organs sometimes somewhere
encroaches & interfere in the boundary or sphere of the other organ while
carrying out their duties and functions. And we also know that Court have the
authority to review the constitutional appointment made by parliament. It leads
in making checks and balances in law making and examining the true nature and
aim of the law.
But , sensible and deliberate constitutional functional overlap opens the door
to democratic cooperation between the three branches of the government. But
Ranjan Gogoi's appointment somewhere casts a shadow in independence of
judiciary. And makes doubtful over his judgements and participation in important
judgements and gives the hint that somewhere there is political involvement in
judiciary and it's decisions. Judiciary should be independent and there should
not any manipulation internally or externally over him.
By this all historical observations made in our present Judicial system we can
so far conclude that at somewhere point, there is presence of dependence of
judiciary which makes shadow over the face of "Independence of Judiciary". There
is very respective postition of Honorable Judges and our Judicial system. By all
this political involvement, It can make people of the country to believe that
Judiciary delivers justice in manipulative manner or there is some amount of
presence of politics in Indian judiciary.
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