Two eminent lawyers on Tuesday have opposed the President of India's move over nominating former Chief Justice of India (CJI) Ranjan Gogoi to Rajya Sabha. Speaking to the Republic TV, Senior Advocate KTS Tulsi urged the government to reconsider the nomination.
He said, "It sets a wrong precedent. Ranjan Gogoi himself had objected to this during his tenure as the Chief Justice of India. He did not even add any glory to his profession since he himself breached the process of natural justice by presiding over allegation of sexual harassment against him."
Senior Advocate and former Additional solicitor general of India Vikas Singh said, "According to me, this is completely not correct. And this signs at the perception about the independence of the judiciary. It completely shatters the faith of a common man to fight against the government in the highest court of the country."
According to him, the decision completely undermines the credibility of the institution-- the Supreme Court. He said, "Even Ranganath Mishra was not correct, even Sathasivam being the appointed Governor was not correct. So, two wrongs don't make a right. If we did not raise our voice then, probably the media was not that active at that point in time, we are fortunate to have a very active media today."
"Any appointment that is done at the discretion of the ruling party and the Centre is something which is to be deplored. Gogoi should have refused his offer. In fact, he had very clearly said that he will not take any assignment post-retirement," he added.
According to a notification issued by the Centre on Monday, the President has, under clause (1) of Article 80 of the Constitution, nominated the former CJI to fill the vacancy in Rajya Sabha due to the retirement of one of the nominated member. Gogoi had retired from the Supreme Court on November 17 after pronouncing the historic Ayodhya verdict. 51 seats in Rajya Sabha will fall vacant in April, five more in June, one in July, and 11 in November this year.