October 18, 2015 6:03 PM

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SC judgment on NJAC only upholds primacy of independence of Judiciary, says Arun Jaitley

Finance Minister Arun Jaitley today said Supreme Court judgment on National Judicial Appointments Commission (NJAC) has only upheld the primacy of independence of judiciary. <br/><br/>In a Facebook post in his personal capacity, Mr Jaitley however wrote the judgment has diminished the other five basic structures of the Constitution – Parliamentary democracy, elected Government, Council of Ministers, an elected Prime Minister, and the elected Leader of Opposition. He said the judgment ignores the larger constitutional structure of the country.<br/><br/>Mr Jaitley said the Indian democracy cannot be a tyranny of the unelected and it would be in danger if the elected are undermined. <br/><br/>Expressing his views on the judgment, Mr Jaitley said a constitutional court, while interpreting the Constitution, had to base the judgement on constitutional principles. <br/><br/>The court can only interpret, it cannot be the third chamber of legislature to rewrite a law, he said. He further said there is no constitutional principle that democracy and its institutions have to be saved from elected representatives. Mr Jaitley said the judgement says protection of the judiciary from political persons was essential in striking down NJAC.<br/><br/>Mr Jaitely asked are not institutions like the Election Commission and the CAG credible enough even though they are appointed by elected Governments? Expressing concern about the independence of judiciary and the sovereignty of India's Parliament, the Finance minister opined that the two can and must co exist. <br/><br/>He wrote independence of judiciary is an important basic structure of the Constitution. Mr Jaitley further added to strengthen judiciary , one does not have to weaken Parliamentary sovereignty, which is the soul of India's democracy.<br/><br/>Mr. Jaitley's observations come in the wake of Supreme Court turning down as unconstitutional the 99th Constitutional amendment passed by the parliament unanimously and approved by 20 State legislatures for setting up the National Judicial Appointments Commission for appointment of Judges.

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