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Title: Need to condemn the statement made by Shri Ram Jethmalani, Minister of Urban Affairs and Employment on the independence and freedom of judiciary.

SHRI ARIF MOHAMMED KHAN (BAHRAICH): Mr. Chairman, Sir, I thank you very much for giving me permission to raise this matter which is of extreme public and constitutional importance.

Yesterday all the newspapers have carried a news item and it has also been on major TV channels where the Union Urban Affairs and Employment Minister, Shri Ram Jethmalani has made very critical remarks about the hon. Chief Justice of India. The Minister is reported to have said that some of the nominees of the Chief Justice, Justice M.M. Punchchi are not the best persons for the job. He further said that, "I do not want to get into the names nor do I wish to tell you what the allegations are but certainly there is a good bit to be said that they are not the best persons who are being selected." They are selected by the Chief Justice of India and he further alleged that..* These allegations amount to vilifying the Judges, scandalising Judges, bringing down the courts in the esteem of the people. I can understand, that the problem with the Ministers of this Government is that they do not have much experience of being not in the Opposition. The Constitution places restrictions even on this hon. House. This august House cannot discuss the conduct of a judge either of the Supreme Court or of the High Court except upon a substantive motion. (Interruptions)

______________________________________________________________________________ *Expunged as ordered by the chair.

The gravity of the Constitution can be realised from the fact that the Prime Minister's office has been constrained to issue a statement yesterday in which they have distanced themselves from the statement which has been made by the hon. Minister.

But very cleverly the Prime Minister's Office has said that the remarks which have been made by Shri Ram Jethmalani about the powers of Chief Justice regarding the appointment of judges may be different and said that the Government did not question the right of the Supreme Court. It is not a question of challenging the powers or rights of the Supreme Court. What I am taking objection to and what I feel this hon. House must take objection to are the reflections which have been caused on the integrity and character of the judge when an hon. Minister of the Union Government says that* He has not merely questioned the powers and rights of the Chief Justice. What he has done is he has tried to undermine the independence of the judiciary. He is trying to bend the judiciary to the tune of the Executive. The Executive is showing intolerance for the freedom of the judiciary. I consider this as extremely important. The House must take note of it. I am saying this with all seriousness that unfair accusations against constitutional authorities, not traditionally free to retort, should not be and cannot be glossed over by this hon. House. The Chief Justice of India is not supposed to retort to the statements which are made by the Union Minister.

A number of vacancies are pending for the last so many months in the highest judiciary of the country. According to the existing norms, which is the law of the land, it is incumbent on the part of the Government to accept the recommendation of the Chief Justice. But the recommendation of the Chief Justice is being returned. I am not saying that the Executive should not have their say in this matter.

The hon. Minister of Home Affairs had said that there should be judicial reforms. Shri Ram Jethmalani has come out with an irresponsible statement, which is almost amounting to denigrating the judiciary. If that is the stand of the Government, let them come before the House and suggest their modus operandi for selection of the judges. But, today, what is happening that a panel is being forwarded by the Chief Justice of India.