Judiciary-Centre tussle: Is the Narendra Modi government running with the hare and hunting with the hounds?

While Union Law Minister Kiren Rijiju is aggressive against the judiciary, PM Modi is all praise for CJI

The Narendra Modi-led Centre and the Supreme Court have been seemingly inimical.

While the Union government brought in the National Judicial Appointments Commission (NJAC) in the year 2014 through the 99th Amendment, the top court struck it down in 2015, saying it violates the Basic Structure doctrine.

Though the Centre was conspicuously silent over the issue for some time, in the last few months, it has become aggressive on the issue, with even vice president Jagdeep Dhankhar (an apolitical figure) pitching in with his remarks against the judiciary.

A few weeks ago, Union Law Minister Kiren Rijiju suggested to the Chief Justice of India D Y Chandrachud to have one representative from the government in the collegium. The most acceptable reason that experts can think of such a suggestion is that senior-most judges of the top court may not be privy to the files and reports that the government has. Some even view this move as a climbdown.

With the Centre and SC at loggerheads, here's a look at what has happened.

Jagdeep Dhankar’s strongest remark against the judiciary

Vice President Jagdeep Dhankar said in relation to the Basic Structure doctrine verdict in the Kesavananda Bharati case of 1973: "We cannot have an Ostrich-like stance. Parliamentary sovereignty cannot be permitted to be diluted or compromised by the executive or the judiciary".

CJI asserts primacy of Basic Structure doctrine

The remarks gave rise to a lot of debates and discussions. And as they continued, no less a person than the CJI himself gave a firm rebuttal. He said, "The basic structure of our Constitution, like the north star, guides and gives certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted”.

Kiren Rijiju continues tirade against the judiciary

The Union Law Minister Kiren Rijiju further asserted that it is the right of the legislature to frame laws by sharing an interview of a retired HC judge, in whose views, the top court had ‘hijacked’ the Constitution by appointing judges on its own.

PM Modi provides healing touch

While Rijiju did not mince words in lambasting the top court, the prime minister chose to heal wounds as he paid encomiums to the CJI in his move to have the SC judgements in regional languages.

From all these developments, it appears the Centre is blowing hot and cold. While on the one hand, Kiren Rijiju is extremely acerbic with his views, Modi is trying to assuage aggrieved feelings.

(With PTI inputs)