Watershed movement, imperative to avoid conflict, says former Law Minister Ashwani Kumar

NEW DELHI: Former Law Minister Ashwani Kumar today termed the striking down of the National Judicial Appointments Commission Act by Supreme Court as a "watershed moment" and said conflict or distrust between judiciary and executive should be avoided.

"The Supreme Court judgment striking down as unconstitutional the NJAC and the enabling constitutional and legislative amendments is a watershed moment in the evolution of our constitutional jurisprudence and our political democracy," the Congress leader said.

Kumar said that, "For the moment, it is necessary to ensure that the legislative and judicial wings of the State work in harmony within the framework of the Constitution and it is imperative to avoid a conflict or distrust between the two branches of Government. This would testify to the maturing of our constitutional democracy."

Another former Law Minister M Veerappa Moily attacked the government for its "recluse approach" and its handling of the issue to "dent" the independence of the judiciary saying, "what the government has said inside and outside the court has hurt the soul of the judiciary".

"The manner in which the issue has been dealt with by the NDA government to dent the independence of the judiciary is incorrect," Moily said.

He said the independence of the judiciary has been accepted and acted upon by successive Congress and Congress-led governments from the days of Jawaharlal Nehru

Kumar said the court has disregarded the argument advanced on behalf of the government that the NJAC was supported by the broadest possible national consensus on the subject as reflected in the parliamentary vote.

He said the decision of the Supreme Court is based upon its conclusion that primacy of the judiciary and the power of judicial review are integral components of the basic structure of the Constitution which is inviolate.