PM MODI VERSUS JUDICIARY

PM Modi versus Judiciary

CJI Ramana was better than the two low caliber CJIs preceding him. However, PM Modi could ‘manage’ him. Proof: There was a clear opportunity with the Supreme Court to expose the misuse of Pegasus Spyware by the government in front of the country but did not do so. CJI Chandrachud has become the CJI with a great reputation. Apparently, PM Modi, does not have a lever to blackmail him as he had against CJI Gogoi (sexual harassment case).

Over a period of time, PM Modi has got accustomed to bulldozing his way through the judiciary. With Chandrachud becoming the CJI, PM Modi’s undemocratic and unconstitutional actions have got checked.

Examples:

1. Judges Can be Critical of Government. The Supreme Court collegium in Jan 2023, led by CJI D Y Chandrachud, said, ‘public criticism of the government’s “policies, initiatives and directions” is no disqualification for a person’s appointment as a judge, while reiterating its recommendation for appointment of advocate Somasekhar Sundaresan as a Bombay high court judge.
2. Gay Judge. The government had objected to the recommendation to  appoint of gay advocate Saurabh Kirpal as a judge of the Delhi High Court, citing RAW reports that talked about his sexual orientation and his Swiss partner and raised apprehensions about national security. However, the Supreme Court Collegium rejected the Centre’s objections, saying there was no reason to pre-suppose that his partner — a Swiss national — would be inimically disposed to India, since the country of his origin was a friendly nation.
3. Appointment of Election Commissioners.In Mar 2023, the Supreme Court involved the LoP and CJI in the appointment of ECs. Sanjay Singh of AAP had this to say,

“Now the PM, LoP and CJI will decide who will sit in the EC. The EC used to fix election dates by looking at PM’s rallies, and announcements of schemes which called into question the impartiality of the EC. Obviously this judgement hurt PM Modi & the Law Minister talked about, ‘Lakshman Rekha,’ for the Supreme Court.

3. Use of Sealed Covers by Modi Government.  PM Modi is uncomfortable with transparency. He has not held a single press conference as PM. He has not taken the name of China, as regards their having captured our territory in 2020 or spoken about Adani. Thus, the government likes to deal in sealed covered envelops with the Supreme Court. CJI has prevented him from doing so. Examples:

1. Names of Members in Adani Case. In Febuary, the Supreme Court had refused to accept in sealed covers suggestions on names proposed by the Centre as members of a committee to review and strengthen regulatory mechanisms in order to protect investors. The panel had been proposed in light of the allegations of stock manipulation against the Adani Group.
2. Reasons for Delay in Payment of Arrears in OROP Case. “I am personally averse to sealed covers,” Chandrachud said. “What happens is, we see something, he [the other party] does not see. And we decide the case without showing it to him. This is fundamentally contrary to the judicial process. There cannot be secrecy in the court.” “We need to put an end to this sealed cover procedure which is being followed in the Supreme Court because then the High Courts will also start following,” Chandrachud said. “And this is fundamentally contrary to the basic process of fair justice.” In the sealed cover, Modi government wanted to convey the following main points:
3.       India’s economic state was precarious.
4.       It was not in a position to pay the amount of Rs 28,000 crore arrears to the Defence pensioners in one go.
5. Illegal Toppling of Maharashtra Government by Modi’s Agent Governor, Koshiari. Chief Justice of India D Y Chandrachud said, “The only thing is that a resolution of 34 MLAs which said that there was widespread discontent among the party cadres and legislators… Is this sufficient ground to call a trust vote?”

The governor, he said, cannot enter a domain that would precipitate the matter. “People will start ditching the ruling party and governors being willing allies would end up toppling the ruling party. This will be a sad spectacle for democracy.”

How Modi Government is Hitting Back at the Judiciary?

PM Modi can easily get the NJAC Act passed again by the Parliament. He, however, knows that it will be struck down by the Supreme Court, on the grounds of being unconstitutional. So, he is agitated and doing the following:

• CJI being Trolled by Modi’s Troll Army.  13 MPs wrote the following letter to the President: “We are all aware that the Constitutional Bench of the Supreme Court headed by the Hon’ble Chief Justice of India DY Chandrachud is seized of and hearing an important Constitutional issue in the matter of government formation and the governor’s role in Maharashtra. While the matter is subjudice, the troll army, presumably sympathetic to the interest of the ruling party in Maharashtra, has launched an offensive against the Hon’ble Chief Justice of India. The words and contents are filthy and deplorable, which has garnered views in lakhs on social media platforms,” the letter said.
• Vice President and Law Minister in Action

o   Vice President. Vice President in Dec 2022, criticized the Supreme Court for striking down the NJAC and the 99th constitutional amendment that had been passed with “unprecedented support” in the Parliament and state assemblies. He also criticized the “intrusion” into the domain of the Parliament by the Judiciary.

o   Law Minister. Major remarks made by the Law Minister:

• A few retired judges are a part of ‘anti-India gang.’
• “What this anti-India gang says, the same language is used by Rahul Gandhi,” the minister said.
• Whatever Gandhi says is publicised with a “louder voice” by the “same ecosystem”, he said.
• “The same ecosystem is working in India and outside India. We will not allow this ‘tukde-tukde gang’ to destroy our integrity, our sovereignty,” he said.

Comments

The Judiciary and the government not working in close cooperation is good for Indian democracy. At a time when practically all the supposed independent agencies have been managed by the Modi government through various methods it is one remaining weak thread giving hope for the survival of democracy in India. The statements of the Vice President and the Law Minister are comparable to the agitated Modi’s Troll Army. The Supreme Court can easily do the following:

• Expose the misdeeds of Modi-Adani.
• Expose the illegal toppling of the Maharashtra government engineered by PM Modi.

I would expect the Supreme Court to expose the following unconstitutional acts of the Modi government as well:

• The Electoral Bonds Scheme.
• The PMCARES Fund.

Pronouncement of justice in the above cases will provide oxygen to the dying democracy in India. A strike on Godi media’s spread of the government’s false propaganda and Hindu-Muslim hatred will go a long way in strengthening Indian democracy. I pray that CJI Chandrachud draws strength from the crores of Indians who need democracy and justice.

References:

• Supreme Court closes cases against ex-CJI Ranjan Gogoi, says plot against him not ruled out | India News,The Indian Express
• Airing views critical of government policies, initiatives no bar for judgeship: Supreme Court | Media Times News
• SC’s big order: LoP, CJI to have a role in CEC appointment – Rediff.com India News
• SC order on EC appointments: Rijiju invokes ‘Lakshman Rekha’- The New Indian Express
• OROP Judgement: ‘End Sealed Cover Business’: Chief Justice Blasts Government’s Top Lawyer (ndtv.com)
• ‘There cannot be secrecy in court’: SC refuses to accept Centre’s sealed cover note in OROP case (scroll.in)
• Governor can’t precipitate govt fall, observes SC on Maharashtra crisis- The New Indian Express
• ‘CJI Chandrachud being trolled’: 13 MPs, including Jaya Bachchan, write to Prez | Latest News India – Hindustan Times
• Government vs judiciary: Is vice president’s maiden Rajya Sabha speech a hint of days to come? – India Today
• Few retired judges part of the tirade: Law Minister Kiren Rijiju (msn.com)

–BY COL M M NEHRU