‘Ghamsaan’ on Gogoi’s Nominatioon

BY: RANBIR MANHAS PUBLISHED ON MARCH 19, 2020

Nomination to Rajya Sabha by Indian President of former Chief Justice of India, who has recently retired from his post has attracted sharp criticism by Indian Opposition terming it as a prize to Justice Ranjan Gogoi, for ‘favouring’ Hindus on Ayodhya land dispute. Needless to mention, President of India has the powers to nominate thirteen professionals of outstanding performance, to the Rajya Sabha (RS). They include Scientists, Jurists, artists, sports persons, politicians and other technocrats. Since Justice Gogoi and his five member bench had given important judgments and closed long pending cases like ‘Ayodhya Dispute’ which had divided the nation on communal bases, Modi government felt it suitable to recommend him to the President for his nomination as one of the thirteen members of his quota for the Rajya Sabha.

Justice Gogoi was to be rewarded even by Opposition parties had it been in power, not for his performance but for publicly waging a ‘war’ against his senior and then CJ, Justice Deepak Mishra after which Congress had brought impeachment motion against him. However, when the former Justice has been recommended by the Modi government for the Rajya Sabha, the ‘Hero’ has suddenly become a villain for them. Is it not duplicity of Opposition and selectivity of its leaders? Surely it is and the nation understands it!

Important fact in the issue is that in a controversial and explosive issue like Ayodhya case the judgment was passed by a bench of five members. Therefore, ‘buying’ of Justice Gogoi alone by the incumbent government is not only ridiculous but condemnable also.

Another plea that the Opposition has taken against nomination of Justice Gogoi is that retired justices should remain away from politics after their retirement. But, this claim is also lame as there are number of examples when CJs and judges have been nominated not only as RS Members but as governors also. Some of them have even successfully contested Lok Sabha elections mostly on Congress tickets.

For example; 9th Chief Justice of India, Justice K. Subba Rao had contested President’s election just three months after his retirement on July 14, 1967. Justice M. Hidayatullah the 11th Chief Justice had contested for the post of Vice President as a common candidate in 1979 and had remained in the office up to 1984.

Former CJ Justice, Rangnath Mishra was elected to the Lok Sabha as Congress candidate.

Justice Sathsivasan was appointed as Governor of Kerala, by Congress Government and so on and so forth. Therefore, seeing the nomination of Justice Gogoi to the Rajya Sabha by the President by using his constitutional prerogative in isolation is nothing but a nefarious political move to defame the government and the former CJ on frivolous and baseless grounds hence unacceptable.