published by: Kavya Mishra
Last update: May 14, 2023 21:07 IST
The high court had dismissed the PIL on February 9. (File photo/Reuters)
The Bombay Bar Association (BLA) had claimed that Rijiju and Dhankhar showed a lack of faith in the Constitution with their comments and conduct.
The Supreme Court is scheduled to hear a guilty plea by the Bombay Bar Association (BLA) against Union Law Minister Kiren Rijiju and Vice President Jagdeep Dhankhar on Monday for their comments on the judiciary and the system of colleges for the appointment of judges.
The bar has moved the high court to challenge the February 9 Bombay High Court order which dismissed his plea on the grounds that it was not a suitable case for writ jurisdiction under Article 226 of the Constitution. .
According to the high court website, the BLA’s appeal is set for a hearing before a court consisting of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah.
The Bombay Bar Association (BLA) claimed that Rijiju and Dhankhar showed a lack of faith in the Constitution with their comments and conduct. He had sought orders to prevent Dhankhar from performing his duties as vice president and Rijiju as cabinet minister of the central government.
In an appeal, the law corps said the “frontal attack not only on the judiciary but on the Constitution” by the two executive officers has diminished the prestige of the Supreme Court in public.
Rijiju had said that the system of colleges for appointing judges was “opaque and not transparent”.
Vice President Jagdeep Dhankhar had questioned the landmark 1973 Kesavananda Bharati judgment which gave the basic structure doctrine.
Dhankhar said the verdict set a bad precedent and if any authority questions the power of Parliament to amend the Constitution, it would be hard to say “We are a democratic nation.”
“It is stated that the petitioner hereby filed the PIL with the Bombay High Court of Justice asking that Respondent No. 1 and No. 2 be declared as disqualified candidates for any constitutional office of Vice-President and Cabinet Minister of the Union, respectively, based on their behavior, conduct, and statements made in public,” the petition reads.
The two constitutional officials, he said, showed a lack of faith in the Constitution by their conduct and statements made in public and by attacking its institutions, including the Supreme Court, and showing scant respect for the law handed down by the Supreme Court. “The conduct of Defendants Numbers 1 and 2 appeared to have shaken public faith in the Supreme Court and the Constitution,” he said.
The plea said that the vice president and the union minister have affirmed oaths that they will have true faith and loyalty to the Constitution. “However, his conduct has shown a lack of faith in the Constitution of India,” he said, attacking the high court’s order dismissing his PIL.
They have launched a frontal attack on the institution of the judiciary, particularly the Supreme Court, in the most derogatory language with no recourse available under the constitutional scheme to change the status quo under the law established by the Supreme Court. saying.
The BLA cited statements by dignitaries made at certain functions.
The high court had dismissed the public interest litigation (PIL) on February 9.
“We are not willing to grant any relief. The request is rejected. The reasons would be recorded later,” the high court had said.
(This story has not been edited by News18 staff and is published from a syndicated news agency feed)
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