In May 2014, one of the then lesser-known politicians of BJP, Bihar, Shree Giriraj Singh had made a curious statement at Godda, Jharkhand: “Those who want to stop Narendra Modi (from becoming prime minister) are looking towards Pakistan. In the coming days, they will have no place in India. They will only have place in Pakistan.”
Mr Singh had made these remarks in the presence of senior party leader and former president Nitin Gadkari. Since then, we have a non-stop supply of provocative statements from several leaders of RSS juggernaut and a newer incarnation of Mouni Baba who speaks all future tenses of promises.
However, his new critics and old friends are speaking in high tone of present tense. The Transformational maladies from opposition to ruling thrones were being exposed by Lal Krishna Advani ji & Co in different styles at times and the latest to allow a peep into the messy kitchen of BJP is the well known scholar, journalist and politician Shree Arun Shouri.
Ensconced in the chair of ministry and tacit support of RSS, Giriraj has weathered all the opposition storms. He is very now much in the swim now. However, people like Shree Ramjethmalani and Shree Arun Shouri, though pretty well known for their nuisance value, are giving, off late, big jolts to already disturbed mind of placid Indian.
The new law replacing the collegium system of appointment of judges for higher judiciary came under severe criticism in the Supreme Court from noted jurist Ram Jethmalani who accused the NDA government of politicizing and compromising judicial independence.
Regarding the new law, replacing the ‘collegium system of appointment of judges for higher judiciary’ he contended that the Constitutional Amendment Act carried out by the government to bring the new legislation was wholly “ultra vires” to the Constitution as there is a serious infringement of its “basic structure” and the presence of Union Law Minister in the National Judicial Appointment Commission (NJAC) would result in politicization of the appointment of judges.
The previous UPA government passed a Constitutional amendment which mentioned only one sentence providing for a NJAC and its contents was sought to be drawn by a Parliamentary law.
Arguing before a five-judge bench headed by Justice J S Khehar, which is examining the constitutional validity of the National Judicial Appointment Commission (NJAC) Act, 2014, his exact words were – “Both government and Opposition were ad idem. But this (NDA) government has adopted a law that is more fraudulent.
The Corrupt government requires corrupt judiciary and they encourage the appointment of corrupt judges. Any constitutional amendment which diminishes or dilutes the primacy of the Chief Justice of India recognized by 1993 and 1998 judgement of this court is void as repugnant to the basic feature of the Constitution and also inconsistent with the nine judge bench (verdict in judges case).The Constitutional position today is that the executive will be entitled to and bound to consult the Chief Justice and the CJI’s view is binding on the President. This right has been taken away from him and he is made to share it with five others.”
Shree Ramjethmalani is veteran lawyer, an old guard of NDA and a Rajya Sabha MP.
Shree Jethmalani also added that the Judicial primacy, the view of the CJI overruling the executive suggestion is wholly repugnant to Article 50 of the Constitution. Presence of Law Minister in the commission diminishes the confidence of the public or the citizens claiming protection against breach of fundamental rights or seeking relief against illegal unconstitutional or mala fide action of the executive. The continuous company of the CJI with the Law Minister in regular meetings often leading to social meetings and private talk, and gossip and sometimes on drinks disqualifies judges and vitiates the independence of judiciary.
“A law minister who has to retain power is more interested in securing votes, serving a limited constituency and doing or not doing things according to the exigencies of vote bank politics cannot participate in this wholly task.” The scribe would add two words of Sanskrit – “Tatha Astu.”
Let the Prime Minister know that no one can ignore to what the ebullient and learned lawyer is saying at this critical juncture.
The NDA government and the Prime Minister Modi were grilled the each two sides by no other than the Former Union Minister Arun Shourie who had created quite a buzz yesterday when he did put a large mirror before them. He took the inside out of the government in an interview with Headlines Today’s Karan Thapar.
Arun Shourie, a BJP minister in the Vajpayee Cabinet, on Friday, May 1 hit out at the Narendra Modi government, saying its economic policy was “directionless” while the social climate was causing “great anxiety” among the minorities. The one-year rule of Modi was “good in parts”, his transformation as prime minister was good in foreign policy, but the promised turnaround in economy has not happened. The government seems to be more concerned with managing headlines than putting policies in place. The situation is like the many pieces of a jigsaw puzzle lying in a mess with no big picture in mind about how to put them together.
Despite promises the fears of foreign investors on retrospective taxes and incentives for manufacturing have not materialised on the ground. They (investors) require stability and predictability. The concern expressed by eminent banker Deepak Parekh on the situation on the ground should be seen as a “wake up call”.
Asked if the Modi government had done enough to put India on growth path, Shourie said that it was “all hyperbole”. Such claims are meant to grab headlines but lack substance. First it alienated them but now it has made them laugh. You come out as bullies. Modi government’s Pakistan policy lacks clarity he is under the illusion of an out-of-box solution to the vexed issue. Like all previous prime ministers, Modi was prone to the belief he could change the relationship. The PM must free himself of the illusion of out of box thinking.”
And he also described the PM’s claim of the government having bagged Rs.2 lakh crore through the coal mine auction as “misleading”. “The Rs.2 lakh crore would come when companies that have won the auction produce the coal at the rated capacity for 30 years — but (the way it is claimed) it seems as I’ve got it just now.
Times do no longer seem cozy for NDA and especially for Mr Narendra Modi. These eclectic commentaries are not coming from 10, Janpath. The chaos has not yet reached the crescendo but the storms are in the offing. The ruling party seems to be more interested in stifling the voice of its critics and encouraging the fanatics who are bent to unravel the secular fabric of India. The Prime Minster seems to be helplessly wedged between the RSS agenda and his lofty pre-election promises of ‘Sabka Saath, Sabka Vikas.’
Achche Din’ can wait for but the darker clouds autocracy, polarization and theocracy overcasting the nation’s horizon don’t augur well for democracy, economy and polity of the country. The latest statements of these two conscience keepers of the nation must be given proper respect; should be given the ears.
I would request Shree Giriraj Singh not to toy the idea of sending the Indians to Pakistan anymore. Fluttering the Pakistani flags in the street of Shrinagar is an ominous sign that tells the government – ‘Your slip is showing.’
By: Naim Naqvi