Tuesday February 20, 2018
Home Politics NJAC has comp...

NJAC has component of hit and trial experiment, says Central government

0
//
21
Republish
Reprint

IN12_PARLIAMENT_HO_1081633g

 

New Delhi: The Narendra Modi government on Tuesday told the Supreme Court that the National Judicial Appointment Commission (NJAC) for appointments to higher judiciary had a component of a “hit and trial” experiment for finding the best people for the posts.

Contending that there was an element of uncertainty in every new experiment, Attorney General Mukul Rohatgi told the constitution bench of Justice Jagdish Singh Khehar, Justice J. Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel that similarly there was “hit and trial” component in the NJAC.

Urging the court that the NJAC should be given a chance to have its run before being subjected to any critical evaluation, Rohatgi said “God knows” what would eventually emerge from it in terms of selection of judges.

But the court was not convinced.

“Only problem is that we can’t leave it to God. It is not a hit and trial business,” the court told Rohatgi reminding him that it was too serious an issue to be left to “hit and trial” or “God”.

At this, Rohatgi said: “If there could be hit and trial for democracy, hit and trial for secularism, hit and trial for federalism, then why not judiciary. Hit and trial is a part of democracy.”

Attacking the collegium system of appointment as being devoid of “transparency, rules and guidelines and something happening in a closed room away from sunlight”, he however said the blame for the system’s failure lay at the doorsteps of the government, but sought to know if this still prevented the parliament from putting in place a “broad-based, healthier, transparent” NJAC.

At this, the court asked him to give it the names of the people who were “good” and were recommended for appointment to higher judiciary by the government but were not accepted by the collegium.

“Show us one incident, where there was a good material (name recommended). You (government) projected that material and sent it to collegium and it was returned,” it said.

Justice Kurian once again asked Rohatgi to furnish the list of the people recommended by the collegium for appointment but returned by the government for reconsideration and the collegium again reiterated the names.

Its query came while addressing the contention that under the collegium system – also known as judges appointing judges – the government has no voice and there was give and take amongst the judges involving “you scratch my back, I will scratch yours” in a closed room without sunlight.

Referring to an instance where after receiving a positive report on the credentials of a person recommended for appointment as judge by the collegium, the government sought another report from the Intelligence Bureau, the court asked: “What is the question or the occasion (for the government) to ask for the second opinion (of the IB)… we want to know the working of the system.”

“It is a question of the working of a system,” the court told the Attorney General as he reiterated his submission that “once a new system (for judges’ appointment) comes, it is not in the provinces of the judiciary to decide on its validity on the basis of comparison with other models (collegium system)”.

The court is hearing a batch of petitions including one by the Supreme Court Advocates on Record Association (SCAORA) along with the Bar Association of India, NGO Centre for Public Interest Litigation and others challenging the constitutional validity of the constitution’s Ninety Nine Amendment Act, 2014 and NJAC Act, 2014.

Click here for reuse options!
Copyright 2015 NewsGram

Next Story

All You Need To Know About The Rafale Deal Controversy

The fiasco that Congress is creating on the Rafale Deal is certainly not fair

0
//
18
Rafale Deal is very important for both the countries involved i.e. India and France.
Rafale Deal is very important for both the countries involved i.e. India and France.

By Ruchika Verma 

  • Rafale Deal happened between India and France
  • The Rafale Deal is about the Rafale fighter jets
  • The deal is getting into controversies because of the allegations de by the opposition, especially Congress

Prime Minister Narendra Modi in April 2015 made the announcement that India will buy 36 French-manufactured Rafale fighter jets from Dassault, a French aircraft builder and integrator. This came to be known as Rafale Deal.

The Rafale deal of 36 Rafale aircrafts between India and France was called a “win-win partnership” for both the countries.

Prime Minister Narendra Modi finalised the Rafale Deal during his visit to France in 2015. (FILE PHOTO)
Prime Minister Narendra Modi finalised the Rafale Deal during his visit to France in 2015. (FILE PHOTO)

But recently it has come under attack of the Opposition, mainly the Indian National Congress, which has alleged that there have been irregularities in this deal and its proceedings. However, the government has denied and rejected all the charges.

The Rafale Deal is nothing new and was also signed during the time of UPA government. The first time it came to light was during the government of Atal Bihari Vajpayee where the original proposal was to buy 126 fighter jets.

After tests and negotiations in 2012, Rafale was considered L-1 bidder and negotiations started which only came to a conclusion as the Rafale Deal in 2015 under Prime Minister Modi’s government.

NDA government has got a better price on the Rafale Deal than the UPA governement.
NDA government has got a better price on the Rafale Deal than the UPA government.

Now the UPA alleging irregularities on NDA government doesn’t seem fair to many because no deal took place under their government. The transfer of technology was a primary issue of concern between the two sides. Dassault Aviation also tried to deny to take the responsibility of quality control of the production of 108 aircraft in India. The Dassault provided for 3 crore man-hours for production of the Rafale jets in India, HAL’s estimate was approximately 3 times higher which resulted in an escalation of costs in the manifold.

Also Read: Make in India: France to set up production centers for Rafale fighters

Prime Minister Modi’s visit to France in 2015 helped bring this deal to a final conclusion. The government-to-government deal of 36 jets was to completed as soon as possible.

On costs of the Rafale Deal, NDA government has said that it got better terms than those quoted in the original bid under the UPA government. The total savings are reported to be of more than 1600 million Euros. However, the cost breakdown of Rafale Deal in the original bid under UPA government and in the 36 aircraft in the NDA’s government-to-government deal is not available for the public domain.

The Rafale Deal involves no private party from the side of India. www.worldwide-military.com
The Rafale Deal involves no private party from the side of India. www.worldwide-military.com

Under the current agreement, the  Rafale Deals support the ‘Make In India’ initiative of the Indian Government through the IGA’s Article 12. It states that France will facilitate the implementation of ‘Make In India’. These critical design technologies were already discussed between the two governments in previous meetings. The present Rafale Deal is signed between two sovereign governments and there is no private individual, firm or entity involved in the process from the side of India. The procurement process also does not include any private company or firm from India.

Also Read: IAF’s Rafale Deal with France: India confirms order

The fiasco that Congress is creating on the Rafale Deal is certainly not fair as the NDA government has proved that their deal is better than the one which was undertaken during the UPA government.