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Ex-CJI Ranjan Gogoi nominated to Rajya Sabha


Gollum

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As a CJI, Ranjan Gogoi had presided over many crucial benches that delivered several landmark judgments, including Ramjanambhoomi land dispute, the abolition of homosexuality in India, entry of women in Sabrimala temple and Right to Privacy as a fundamental right.

 
 
Independence of judiciary must be a priority in New India. I am frankly disappointed. He even had sexual misconduct charges and what followed was comedy !!!!
 
Congress sent ex-CJI Ranganath Mishra to RS in the 90s, does BJP want to become like Congress?
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2 minutes ago, coffee_rules said:

Sorry dup topic opened. It is a ceremonial nomination, just like Sachin Tendulkar or Rekha. What’s the BFD? Sonal Mansingh, , Mary Kom are some current non political nominations 

Not my words...

 

"There is a view point that post-retirement appointment of judges is itself a scar on judicial independence. How do you handle that" said the then Chief Justice Ranjan Gogoi (March 2019)

 

Could have appointed some other eminent jurist (long retired). This doesn't look good, guy gave some critical judgemenets and all of a sudden RS appointment. People have some leeway to be skeptical about his role in those important judicial matters. Pretty sure we wouldn't like it if the shoe were on the other foot. BJP should aspire to be different compared to earlier govts. 

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39 minutes ago, coffee_rules said:

He is not a sitting judge and it is not unprecedented to nominate justices for RS.

No matter how we try to twist it, it's plain wrong and unethical. End of. There's a reason why SC judges are banned from practicing law after retirement . Could have at least waited for a couple of years. 

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1 minute ago, Stradlater said:

No matter how we try to twist it, it's plain wrong and unethical. End of. There's a reason why SC judges are banned from practicing law after retirement . Could have at least waited for a couple of years. 

How? Is he giving out judgements sitting in RS? Legislative and Judiciary are independent 

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1 minute ago, coffee_rules said:

How? Is he giving out judgements sitting in RS? Legislative and Judiciary are independent 

An argument can be made that the judges could be bought this way by the executive for giving judgements in the favour of the Union Government by promising them a lucrative position in the legislature post-retirement. 

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7 minutes ago, Stradlater said:

An argument can be made that the judges could be bought this way by the executive for giving judgements in the favour of the Union Government by promising them a lucrative position in the legislature post-retirement. 

Find out how many judges are either joining a political party (Gogoi's father is a Congressi, btw) or some trustees board of some temple controlled by government. you think Judiciary is not corrupted? but this is one of those - 'apna time bhi aayega' type of moment, we need to be in the system to beat it. It is necessary for the greater good. Bas libtards ko rote huye dekhne ka laabh jo milega. 

Edited by coffee_rules
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29 minutes ago, Stradlater said:

An argument can be made that the judges could be bought this way by the executive for giving judgements in the favour of the Union Government by promising them a lucrative position in the legislature post-retirement. 

Its not an 'argument'.  Conflict of interest is a genuine issue.  BJP is only copying Indira Gandhi in this, but wrong is wrong, whether Indira does it or "Mudi" does it.

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31 minutes ago, coffee_rules said:

Find out how many judges are either joining a political party (Gogoi's father is a Congressi, btw) or some trustees board of some temple controlled by government. you think Judiciary is not corrupted? but this is one of those - 'apna time bhi aayega' type of moment, we need to be in the system to beat it. It is necessary for the greater good. Bas libtards ko rote huye dekhne ka laabh jo milega. 

This is a very reactionary, defensive, 'end justifies the means' take.  Similar logic can be used to justify a lot of wrong things.  I'd suggest a re-think.

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33 minutes ago, coffee_rules said:

Find out how many judges are either joining a political party (Gogoi's father is a Congressi, btw) or some trustees board of some temple controlled by government. you think Judiciary is not corrupted? but this is one of those - 'apna time bhi aayega' type of moment, we need to be in the system to beat it. It is necessary for the greater good. Bas libtards ko rote huye dekhne ka laabh jo milega. 

Think our aim should be a progressive and reformed India instead of continuing the corrupt practices and traditions of the Congress era. The country can only grow when we take cognizance of such wrongs even if that means agreeing with libbus for a change. 

 

Desh ka vikas pehli praathmikta honi chahiye. Libbus/Sanghis aakar chale jayenge, ye desh yahin rahega. 

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@Stradlater/ @sandeep, BJP/NDA will not be in power forever. Much of the recent developments that we enjoyed, might be reversed when congress comes back. We need some correction to take place for the balance to happen. Corrupt secular parties have ruined India for 60+ years. When left historians changed our history text books in the 70s, none of these eminent journalists spoke, but when BJP (MMJ) wanted to reverse it in 2004, all of them started advicing BJP about two-wrongs not making a right etc. The same thing here, if this practice has to stop, there should be a law to prevent judges from being nominated to RS. Let them join political parties and win LS seats. Why is legislative/constitutional  morality only BJP's prerogative and not everybody's?   

Edited by coffee_rules
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Looks like nobody cares about conflict of interests in India. The interests are so GLARING!!!  :facepalm:

58 minutes ago, Stradlater said:

An argument can be made that the judges could be bought this way by the executive for giving judgements in the favour of the Union Government by promising them a lucrative position in the legislature post-retirement. 

.

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how exactly is it conflict of interest?

 

was he holding any post prior to the RS nomination? No.

 

He was also part of a bench with other judges giving judgements. for eg the ram mandir judgement all 5 was unanimous

 

 

 

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In principle, it's not nice to any ex-CJI in any political debates. Obviously, he is joining as nominated member, instead of a party man. I am sure Modi gov is aware that such a move would bring huge controversy, yet it took this decision. Perhaps, there will be some potential judiciary reforms through Gogoi in RS. There is more to it, than just his nomination....

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The way I see it, many issues end up being a judge's opinion on the basis of how they interpret law. If judgments were all black & white, there would be no differing opinion ever between chief justices. Look at the CAA debate, both sides are convinced that their views are in sync with the constitution. I personally see it as a form of affirmative action (which has been around since independence) which prioritizes the weaker sections of some neighboring countries and possibly isn't unconstitutional since it doesn't completely ban communities or nationalities to apply for Indian citizenship. Critics however are convinced its violating article 14.

 

Basically the "neutrality" of the court is the opinion of the judges in charge. 

 

Its fair to have a cool off period for ethical reasons, however quid pro quo isn't necessarily applicable in every scenario.

Edited by Clarke
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