Friday, April 16, 2021
Home Opinions Viral tweets and social media frenzy: The unjust hype behind ex-CJI Gogoi’s Rajya Sabha...

Viral tweets and social media frenzy: The unjust hype behind ex-CJI Gogoi’s Rajya Sabha nomination

The unnecessary sensationalization of the appointment of former Chief Justice Ranjan Gogoi to the Rajya Sabha is just to win a few viral posts and some social-media hype!

Many former judges have joined politics post their retirement. That is nothing new. So, why are we hyping the nomination of former Chief Justice Ranjan Gogoi to the Rajya Sabha and calling his judgments partial?

Yesterday, President Kovind nominated former Chief Justice Ranjan Gogoi to the Rajya Sabha. Ranjan Gogoi was the 46th Chief Justice of India who is credited for passing many a fearless judgment. He is also the one who helped us solve the centuries-old political and religious dispute of the Ram Janmabhoomi before he retired! He also was responsible for allowing women to enter Kerala’s Sabrimala temple. 

Before I address the social media frenzy over the appointment of former Chief Justice Ranjan Gogoi to the Rajya Sabha, we need to understand the role and importance of the nominated members in the Rajya Sabha. Article 80 (1)(a) when read with Article 80 (3) of the Constitution of India provides that the President can nominate 12 members to the upper house of the parliament i.e. Rajya Sabha, that has 250 members in all. These members shall be from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art, and social service.

The reason behind these nominations is that distinguished people who have the experience and have prospered in their respective fields can serve the country without having to undergo the grueling election process. Nomination to the Rajya Sabha is not just a recognition of their merit but it also will help the parliament in terms of adding knowledge and diversity during the debates and discussions. If I may quote our first Prime Minister Jawaharlal Nehru in one of his addresses in Lok Sabha on the 13th of May 1953, “They do not represent political parties or anything, but they represent really the high watermark of literature or art or culture or whatever it may be”.

Read: Former CJI Ranjan Gogoi’s nomination to the Rajya Sabha is not ‘unprecedented’ – Here’s why

Former Chief Justice Ranjan Gogoi’s appointment to the Rajya Sabha has caused quite a furor on social media who have now questioned the independence of the judiciary. The opposition leaders have also hinted that all the “judgments” passed by former Chief Justice Ranjan Gogoi in favor of the government were done in exchange for this Rajya Sabha seat. But, I think they forgot that the father of Ranjan Gogoi is Kesab Chandra Gogoi who was a Congress leader and he had also served as the Chief Minister of Assam for two months in the year 1982. As of the Ayodhya verdict, wasn’t it a unanimous verdict of a 5 judge bench which consisted of Justice Bobde (our present Chief Justice of India), Justice Chandrachud (Our future Chief justice of India), Justice Ashok Bhushan and Justice S. Abdul Nazeer? Similarly, wasn’t Rafale a verdict of a three-judge bench?

No judge in a judicial bench can determine the judgment alone. Also, none of the judgments can be politically motivated or be done to one’s whims and fancies. All judgments are the courts’ decision of the rights and liabilities of the party in a legal action or proceeding. The judgments also need to include the reason for a particular decision being taken. It gives you all the reasons as to how the judicial bench came to the final conclusion. And to say the least, all of the judgments should uphold our law of the land, the Constitution of India. So, to say that our judgments are partial is basically disregarding the Constitution of India. Just because a judicial bench delivers an unpopular judgement doesn’t make them partial. All those judgments are legally and constitutionally viable and will be added to precedents for the future!

Read: Bengal based Telegraph displays hate for Dalits, equates President Kovind to coronavirus

As for former judges being a part of the political system doesn’t violate any legal or constitutional provisions. Actually, there are no provisions for the same. And before our oppositions point fingers at us, there have been many ex-judges who have joined political parties in the past, including their own party. We have seen Retired judge Justice Abhay Thipsay join the Indian National Congress in 2018. There are many more such cases in the past like Chief Justices of India Ranganath Misra and P Sathasivam, Justices Baharul Islam, KS Hegde, Vijay Bahuguna and M Rama Jois who have joined different parties across the spectrum post their tenures as judges.

If I may remind my readers of another incident. It is the infamous story of Justice Baharul Islam. He was first elected to the Rajya Sabha as a member of the Indian National Congress in 1972. Then he resigned from the Rajya Sabha to become a judge in the Gauhati High Court. After he retired as the Chief Justice of the Gauhati High Court, he was made a judge in the Supreme Court! This was absolutely unprecedented! He had passed a judgement absolving the then Congress Bihar Chief Minister Jagannath Mishra in the urban cooperative bank scandal. He then resigned from the Supreme Court and contested elections as a Congress candidate and was elected as a member of the Rajya Sabha. I think this incident got buried as history was being written by the biased historians!

But here, Justice Gogoi hasn’t even joined a party. He just is a nominated member of the Rajya Sabha. So, I guess it is just unnecessary sensationalization of the appointment of former Chief Justice Ranjan Gogoi to the Rajya Sabha just to win a few viral posts and some social-media hype!

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

Abhinav Khare
Abhinav Khare is the CEO of Asianet News Network and also the host of a daily show named Deep Dive with AK.

Related Articles

Trending now

Kumbh to be wrapped up by April 17: What this Niranjani Akhada Sadhu says is another reason Kumbh was nothing like Tablighi Jamaat

Ravindra Puri Maharaj of the Niranjani Akhada has stated that they have asked all Sadhus from other states to go back, keeping in view the pandemic concerns.

While Arvind Kejriwal’s ‘Corona App’ shows ample beds available for Covid-19 patients, hospitals deny

A number of tweets by users and a check by OpIndia has found that the 'real-time' data in the Delhi government's Corona App is far from reality.

Current and prospective students at Rutgers slam varsity for defending anti-Hindu historian Audrey Truschke. Here are 5 testimonials

Rutgers University had defended Audrey Truschke's vile anti-Hindu bigotry as 'academic freedom'.

James O’Keefe to sue as Twitter suspends accounts days after Project Veritas exposed CNN Technical Director making shocking claims on video

Twitter has suspended the accounts of Project Veritas and their founder James O'Keefe after they exposed CNN and their propaganda campaign

Exclusive: How Maharashtra wasted thousands of tonnes of pulses, in the middle of the pandemic, sent under PM Garib Kalyan Yojana

While the central govt gave their approval to the other states to utilise the left-over pulses, Maharashtra was left behind - Here is why

AajTak to air public apology on 23rd April for sharing fake news on Sushant Singh Rajput, pay Rs 1 lac fine: Details

AajTak has been asked by the NBSA (News Broadcasting Standard Authority) to air a public apology for fake news on Sushant Singh Rajput

Recently Popular

AajTak to air public apology on 23rd April for sharing fake news on Sushant Singh Rajput, pay Rs 1 lac fine: Details

AajTak has been asked by the NBSA (News Broadcasting Standard Authority) to air a public apology for fake news on Sushant Singh Rajput

Missionaries converted over 1 lakh people amidst the pandemic, claims to have planted more churches than all the 25 years of their work in...

Missionaries claim they used the distress faced by poor people during the lockdown to convert them to Christianity and build more churches

Pakistan on the verge of civil war as it bans TLP for violent protests over the arrest of its leader and Muhammad cartoons in...

Pakistan Government has taken the decision to ban Tehreek-i-Labbaik Pakistan (TLP) for their violent protests in the country

TMC’s Mahua Moitra claims wishing Hindus on Hindu new year is ‘radicalisation’

While Moitra wanted to paint everyone who was celebrating the Hindu new year as 'radical', the hate for Hindus was actually more evident in her tweet.

CNN hoped for higher Covid-19 death toll, hyped pandemic deaths to improve ratings, technical director admits in Project Veritas leak

CNN Technical Director Charlie Chester went on five Tinder dates with a Project Veritas agent where he made the revelations.

Exclusive: How Maharashtra wasted thousands of tonnes of pulses, in the middle of the pandemic, sent under PM Garib Kalyan Yojana

While the central govt gave their approval to the other states to utilise the left-over pulses, Maharashtra was left behind - Here is why
- Advertisement -

 

Connect with us

254,077FansLike
529,380FollowersFollow
24,200SubscribersSubscribe