(Dr. EAS Sarma)
I have just heard that your office has given consent to nominating Justice Ranjan Gogoi, former Chief Justice of India (CJI) as a member of the Rajya Sabha. As a concerned senior citizen and a former public servant, I feel deeply concerned to hear this news.
Years ago, many of us felt the same way when Justice P Sathasivam, the 40th CJI was appointed as the Governor of Kerala. I feel similarly concerned at Justice Gogoi’s nomination to the Upper House. I wish Justice Gogoi had declined the offer!
What concerns me is that Justice Gogoi had relinquished charge as the CJI as recently as on November 17, 2019, exactly four months ago. In my view, offering the higher members of the judiciary nominated positions such as the Governor of a State or a Membership in the Rajya Sabha undoubtedly sets an unhealthy precedent, as it tends to weaken the institution of the judiciary.
Even from the point of view of the politics of this country, this sets a highly questionable example. It speaks volumes of the imprudence on the part of those responsible for this.
I am sure that many members of the civil society, the members of the bar and many members of the judiciary itself feel the same way as I do.
May I recall in this context Dr. B R Ambedkar’s prophetic words in his address to the Constituent Assembly on November 25, 1949?
“However good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot”
(Contents of a letter Dr EAS Sarma addressed to Rashtrapati Ramnath Kovind)