A Letter to The Law Minister

A Letter to The Law Minister

Dear Law Minister,

I send my heartiest congratulations to you for showing exemplary courage, wisdom and professionalism shown in piolating the two bills amending Article 124 of the Constitution relating to the appointment of Judges and for setting up Judicial Commission and that too with good speed that in just three days both the bills were passed by both Houses.

I also congratulate NaMo for his resolute determination in going ahead with the two bills. Such controversial subjects were aimed by him and it was accomplished. No politician ever dared to put his hand in the jaw of a Lion but NaMo took the courage and did it with unanimity.

When the second matter was going to open before Nine Judge Bench, we expected that the then Attorney general would ask for review of the Advocate But on Record case of 1993, Sri Solo J Sorabjee as Attorney General got up to inform the Court that he is not asking for reconsideration of the Judgment by which Constitution was rewritten by 5:2 by Supreme Court snatching away the power of appointment of Judges from the Executives as was originally envisaged under Article 124 of the Constitution. The innovation of the Judiciary was hailed by all as if the Judiciary got the most prized catch. Ahmadi and Punchi JJ had rendered dissenting judgments which were not taken in good taste.

When the first Judgment was rendered in 1993, I was Hon. Secretary of the Supreme Court Bar Association and thus at times sitting on driver’s seat at times. I used to have direct interaction with many players and have had direct access to many facts which are buried in my memoriesĀ and I can not disclose them as many players had confided with me in personal confidence. But I can say now with my 41 yes.of practice at Supreme Court level with some knowledge of functioning of the Government as Advocate General for a few yes that when big cases are decided, some Judges have their personal agenda to peruse. It happened in S.P Gupta’s case wherein I represented Bihar State Bar Council.

In 1993, when AOR Case was going to be decided, the next CJI was going to be someone whose wings had to be clipped. The Judgment was used as a device to accomplish the cutting task forgetting that the incumbent was going to be so smart that despite fractured recommendations, all desired appointments were obtained through the help of Executives. The two Judges sitting on two flanks of Court-1 remained always aghast. All these facts are within my personal knowledge and as Law Minister you can verify the records of 1994-1997.

What I mean to say is that it was a sinister design to create a Collegium in 1993 which failed in all respect. I was watching Live the proceedings of two House and I was aghast to find that amongst Legislatures there was not even one defender of Collegium System. All members, one after other, spoke ill of the System. Sitting in two Houses and listening to the debates you must also have had the same feeling as I was having. All those who had propounded or Authored or Signaled the System had later on condemned the system except that all CJI ‘s have been defending the System.

This post is only to give vent to my feelings and not to educate you. You are wise enough. I hope the new system put in place without any further loss of time.

With warm regards,
Affectionately Yours’

(Ashok Kumar Srivastava)
Senior Advocate,
Supreme Court.

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AK Srivastava

The author Sh. A.K. Srivastava (@aksrivastava232) is Senior Advocate in Supreme Court of India, New Delhi where he is practicing since last 40 yrs. He had been Advocate General of Govt. of Sikkim & was Hon.Secretary of Supreme Court Bar Association for two years( 1991-92,1992-93).
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4 comments

  • Well said Esteemed Advocate. Dilemma has been the shortcuts to even higher posts including higher Bureaucracy. Silently a little alert citizens have been in the know of it?

  • Brief and crisp summing up of background of these two bills.

  • Wonderful.
    NaMo& Ravi Shanker Prasad, The Law Minister, has done excellent job & Sh AK Srivastava has nicely highlighted that with quoting different incidents.
    Nice job Srivastava Ji

    • Mr Pradeep is right regarding New Law Minister .Coming from Well known family of Jurists and patriotic Father he is Executing exceedingly well as Telecom Minister. Wish all the best for Yugvani.