In a robust address, former Supreme Court judge Justice Rohinton F Nariman raised concerns about recent events in the country, particularly focusing on taxation matters and raids. Delivering the Smt Bansari Sheth Endowment Lecture on ‘Constitution: Check And Balances,’ Justice Nariman outlined four disturbing occurrences in the year.
The first unsettling event he highlighted was the ban on a BBC documentary that discussed the present Prime Minister and former Chief Minister of Gujarat. Following the ban, the BBC faced tax raids, prompting Justice Nariman to emphasize the need for swift judicial action against attacks on the media. He stressed that if independent reporting led to tax raids, the courts should declare such raids illegal and unconstitutional to protect the media’s watchdog role.
The second issue addressed was the introduction of a bill in Parliament by the Centre regarding the appointment of Election Commissioners. Justice Nariman expressed dismay at the proposed substitution of the Chief Election Commissioner of India by a Minister nominated by the Prime Minister, potentially jeopardizing the independence of the Election Commission. He advocated for the Court to strike down the bill as an arbitrary legislative piece.
The third concern raised by Justice Nariman pertained to the Governor of Kerala sitting on bills for extended periods, causing disruptions in legislative activity. He urged the appointment of independent-minded individuals as Governors to prevent such delays.
Lastly, Justice Nariman discussed the significant impact on federalism resulting from a recent Supreme Court judgment on the abrogation of Article 370. He criticized the Court for not addressing the core issue of the State’s bifurcation during President’s rule and bypassing Article 356. Justice Nariman argued that the Court’s decision to not decide effectively favored the government, allowing an unconstitutional act to persist indefinitely.
In conclusion, Justice Rohinton F Nariman underscored the importance of judicial intervention to safeguard constitutional principles, particularly in matters related to media freedom, election processes, gubernatorial roles, and federalism.
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