Constitution over judiciary
Apropos of the column “Constitution is the supreme law of the land” by Abhijit Bhattacharya (FE, October 22), relating to the National Judicial Appointments Commission (NJAC) verdict of the Supreme Court, it is indeed a well thought-out argument that the author puts forth. Many would not have been aware how the language and the spirit of the court has been subverted by past judicial interpretations and practice. Upon reading the column, as a lay person and with my limited knowledge of law and English, I would even agree that the judges have overshot their ambit in the matters of appointment of the members of the higher judiciary. It is very necessary that one gives the utmost consideration to what is held by Bhattacharya in the column to see if the Supreme Court has erred in its verdict on the NJAC. Parliament must take this issue to its logical and legal conclusion, enacting another amendment if need be. If the judiciary does indeed believe in the separation of powers, it has to first correctly ascertain what is laid down in the Constitution and act accordingly. If there is even the slightest shred of doubt that the apex court has interpreted the spirit and the letter of the Constitution in an entirely or partially wrong manner, it must take urgent steps to reform and correct that wrong.
Sumona Pal
Kolkata
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