The former Chief Justice of India, Ranjan Gogoi was nominated as the member of Rajya Sabha. Rajya Sabha, also known as Upper House of the Parliament is a place of intellectuals. The imminent personalities of various fields like Arts, Sports, Medicine etc., were honoured and nominated by the Government with tides of time. Ranjan Gogoi was also nominated under the same category but there has been uproar for his nomination alleging that the present Government has done the same out of nepotism. Amidst this clash of nomination based on knowledge versus favour, Ranjan Gogoi took oath on 19-03-2020 by 11.00 a.m as the member of Rajya Sabha.
Former CJI of Supreme Court of India Ranjan Gogoi took oath as Rajya Sabha member on 19th March, 2020 at 11:00 am, upon recommendation of Government of India / Home Ministry with the consent of President of India. As per the Notification issued by the Home Ministry, Gogoi was nominated to the Council of States to fill the vacancy caused due to retirement of one of the nominated members. Gogoi statement to news channel, because of conviction, the Legislature and Judiciary work together for Building of the Nation, related to Independence of Judiciary. Gogoi served as the 46th CJI from October 3, 2018, to November 17, 2019. Gogoi was a part of Supreme Court benches including cases of Ayodhya Land Dispute, Rafale, and Violations of human rights violations in J & K after Article 370 revocation.
Union Law Minister Ravi Shankar Prasad stated that Rajya Sabha has a tradition of many eminent persons coming from different fields, this includes former Chief Justices also. Justice Gogoi will surely contribute his best to the Nation about Judiciary independence.
Rajya Sabha Chair Person, Vice President M. Venkaiah Naidu stated that there were Rules and Precedents for the appointment of persons in the Upper House of Parliament. Opposition has no right to create uproar in upper house. It is an opportunity to represent the views of the judiciary before the legislature.
The Congress has called Justice Gogoi’s appointment a “serious, unprecedented and unpardonable assault” on the basic structure of the Constitution.
Many BJP Legislatures have pointed out that the Congress has gifted Rajya Sabha seat to Apex Court Judges in the past. For Instance former CJI of Supreme Court, Ranganath Misra, was elected to Rajya Sabha in the year 1998. Many criticized his appointment as Quid-Pro-Quo, He headed a one man commission was set by the then Congress Premier Rajiv Gandhi, to probe the 1984 anti-Sikh riots.
In Ayodhya land dispute Gogoi was the Chief Justice of India and was a part of the five-judge bench that pronounced the verdict that 2.77 acres of disputed land will be used for construction of Ram Temple and further ordered that 5-acre land will be given at a prominent place to Build Mosque.
Gogoi opined on January 12, 2018 “We have Discharged our Debt to the Nation”, raises the question of independence of Judiciary and the probable influence of Legislature over Judiciary.
The Myths of his Nomination to Rajya Sabha: According to former Apex Court Judge “Nomination as a member of Rajya Sabha, has put common man into Jeopardy and the independence of Judiciary in mess, Judiciary is one of the 3 main organs of Constitution of India, based on the Doctrine of Separation of Powers.
On Nomination the question raised by members of the Supreme Court, Bar Association, Advocates and colleagues of the Supreme Court about his Appointment is definitely Questionable and his role as the Chief Justice of India in dealing with different cases
Former Chief Minister of Assam Tarun Gogoi said that “the Prestige and Dignity of the Supreme Court has not enhanced during his tenure as CJI” and further said, there is no doubt that he is a BJP man, otherwise, he should not have been nominated
Congressmen criticized his appointment casting doubt on the impartiality of Judiciary and Irreparable Damage to the Judiciary. The criticisms were lined based on the judgments pronounced in Rafale and other judgments.
During his Tenure as CJI Gogoi faced allegations of sexual harassment and the same also contributed for the opposition of appointing the then CJI as a Rajya Sabha member.
Edited by Pragash Boopal
Approved & Published – Sakshi Raje