Congress accuses government of usurping independence of judiciary

NEW DELHI: The Congress on Wednesday accused the BJP-led government of trying to usurp "the independence of the judiciary", alleging vested interest of the ruling party in turning down a collegium's recommendation to make noted lawyer Gopal Subramanium a judge of the top court.

The Congress comments come after Chief Justice of India RM Lodha taken exception to the government's handling of the recommendation, saying that it was not proper for the executive to unilaterally segregate Subramanium's name from those of three others who were appointed to the top court.

Congress spokesperson Abhishek Singhvi said the "real and only reason" for the BJP government to block the appointment of Subramanium was the fact that he, as amicus curiae, had given a report that went against the party government in Gujarat and Narendra Modi, who was the chief minister there.

The BJP and the NDA governments led by it have always tried to either undermine or assault the independence of various institutions, be it the office of the Chief Election Commissioner or the chief of a defence service, he alleged.

Asked about many previous governments, including the Congress-led one, turning down the recommendations for appointments, Singhvi said: “We are not saying all recommendations should be always accepted.

The real issue is a government can't reject the recommendation for a particular lawyer to be made a judge only because his past report had gone against the BJP's political interest."

Meanwhile, the government on Wednesday defended its decision to return the recommendation of Subramanium as a judge of the apex court, saying its move was based on "proper, cogent and sound" grounds.

Law Minister Ravi Shankar Prasad asserted the government has the right to be consulted in appointment of judges in the higher judiciary, a day after Chief Justice of India RM Lodha took exception to the government's handling of the issue.

"In the process of appointment (of judges), government has got the right to be consulted. And whatever opinion the government has given, is based upon cogent, proper and sound grounds," Prasad told reporters here.

He was responding when referred to the unhappiness expressed by CJI who had said it was not proper for the Executive to unilaterally segregate Subramanium’s name from three others who were appointed to the SC.