In this episode of Legally Speaking, Senior Advocate Mukul Rohatgi, Ex-Attorney General of India, states his views freely and frankly on the cases he represented the government’s view at Attorney General. Mukul Rohatgi said that he has no doubt that the National Judicial Appointment’s Commission (NJAC) was a “flawed judgement”.
He also said that nowhere in the world do judges appoint judges and adds that the Constitution of India envisages that Judges should be appointed to the apex court in consultation of the government, but currently Judiciary is giving “direction” to the government to appoint judges, which the government is forced to “concur” with.
Senior Advocate Rohatgi strongly put forth the point that the view of the court on appointment of judges is legally unsound and untenable. He also says that courts have time and again cross the “Laxman Rekha” into the domain of the executive.
The former Attorney General added that all central governments in the past 25 years except this incumbent government in power have ceded ground to the judiciary. He also adds that judiciary says that when executive fails in its duties the judiciary steps in, but what will happen if Parliament says it wants to overtake the role of judiciary as judiciary itself is flailing in discharging its function.
Mukul Rohatgi also expressed his views on Justice Chemaleshwar and Justice Gogoi stating that the system of appointment of judges needs to be revisited, and also adds that the forest bench of the Supreme Court has not sat for 1.5 years, which has serious security implications for the country.
On the issue of leading lawyers choosing the bench, Mukul Rohatgi shares his views on erstwhile top lawyers like Justice Rohinton Nariman choosing the bench.