Supreme Court’s NJAC verdict based on 'erroneous logic': Arun Jaitley
New Delhi: Terming as "erroneous logic" Supreme Court's reasoning for striking down NJAC Act, Finance Minister Arun Jaitley on Sunday said Indian democracy cannot be a "tyranny of the unelected" and that it would be in danger if the elected are undermined.
Expressing "personal" views on the judgment in a facebook post titled 'The NJAC Judgement - An Alternative View ', he said, "The judgement has upheld the primacy of one basic structure - independence of judiciary - but diminished five other basic structures of the Constitution, namely, Parliamentary democracy, an elected Government, the Council of Ministers, an elected Prime Minister and the elected Leader of the Opposition. "
The Supreme Court, by a majority opinion, last week struck down as unconstitutional the National Judicial Appointments Commission (NJAC) Act and also the 99th Constitution Amendment, which provided for the establishment of the National Judicial Commission to appoint judges of the High Court and the Supreme Court.
"A constitutional court, while interpreting the Constitution, had to base the judgement on constitutional principles. There is no constitutional principle that democracy and its institutions has to be saved from elected representatives.
"The Indian democracy cannot be a tyranny of the unelected and if the elected are undermined, democracy itself would be in danger," he said.
Stating that "few issues" had arisen in his mind after reading opinion of five judges, he said, "Are not institutions like the Election Commission and the CAG not credible enough even though they are appointed by elected Governments?"
The key rationale, he said, behind the majority opinion appears to be that independence of judiciary is an essential ingredient of the basic structure of the Constitution.
"This is unquestionably a correct proposition. Having stated this, the majority transgresses into an erroneous logic," he said.
The judgment argues that the presence of a Law Minister in the Commission and the appointment of two eminent persons in the Commission by a group, which will, besides Chief Justice of India, comprise of the Prime Minister and the Leader of the Opposition, will constitute political involvement in the judicial appointments.
Judges appointed on this basis may feel gratified to the politicians. Political persons would be obviously guided by their political interest. The Judges warn of adverse consequences if politicians were a part of the appointment process, he said.
Jaitley said the judgement says protection of the judiciary from political persons was essential in striking down NJAC.
