In a gazette notification on Monday, President Ram Nath Kovind nominated Gogoi to the Council of States to fill the vacancy caused due to the retirement of one of the nominated members.
The NCP on Tuesday criticised the Modi government for nominating former Chief Justice of India Ranjan Gogoi to the Rajya Sabha and said it should not have done so. In a gazette notification on Monday, President Ram Nath Kovind nominated Gogoi to the Council of States to fill the vacancy caused due to the retirement of one of the nominated members. Gogoi headed benches that pronounced several key judgements, including in the sensitive Ayodhya land dispute case and the Rafale fighter jet deal.
NCP spokesperson Mahesh Tapase said the government should refrain from appointing to the Upper House of Parliament judges who have handled sensitive cases. “The Modi government should not have nominated Justice (retired) Gogoi to the Rajya Sabha,” Tapase said. He said the people of the country look upon the judiciary for dispensation of justice “without fear and favour”.
The power of judicial review over legislative actions vests with the high courts and the Supreme Court, he added. “This is an essential and integral feature of our constitution.
The government should refrain from appointing to the Rajya Sabha judges who have handled sensitive cases,” Tapase said. The NCP leader also said Justice (retired) Madan Lokur’s comment on Gogoi’s appointment should be viewed seriously.
Speaking to a leading English daily, Gogoi’s former colleague Lokur said the ex-CJI’s nomination was not surprising given there had been speculation about what honorific he would get. Lokur, however, said it was surprising the nomination came too soon. Lokur said the development redefines the independence, impartiality and integrity of the judiciary and questioned whether the last bastion has fallen. Meanwhile, speaking to reporters in Guwahati on Tuesday, Gogoi said he would speak in detail about accepting the offer of a seat to the Upper House after he takes oath.