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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 government.

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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