Why Sathasivam should not have taken up Kerala governor's post

Sathasivam might be extremely well-meaning and the best candidate for the job, but that is not reason enough to jeopardise propriety of his earlier post or risk judicial independence

shantanu

Shantanu Datta | September 4, 2014 | PIB File Photo




In about 19 hours, P Sathasivam, the chief justice of India till April 26 this year, will take oath as the next governor of Kerala. The swearing-in ceremony is scheduled for 10 am tomorrow (September 5) but the 65-year-old has set off a debate bigger than the one spawned by the, first, appointment, and, subsequently, resignation of his predecessor Sheila Dikshit, who reportedly checks out of Raj Bhavan in Thiruvananthapuram today.

Predictably, it has become a BJP versus Congress, and slowly everyone else as well, slugfest. Like all decisions, appointments, resignations or removals in the 10-year UPA administration became a Congress vs BJP and everyone else tussle.

So, what’s the problem if, as the BJP says, there’s nothing in the constitution that “technically” can bar Sathasivam’s appointment? A lot. Ethical, for one. Juridical, for another.

Here are three reasons why Sathasivam should have said “well, thank you but no, thank you” to the NDA government’s offer to put him up at Thiruvananthapuram Raj Bhavan:

1. While the post of a governor is largely, well, insignificant, Sathasivam’s last post was anything but that. As many, including lawyers in Kerala and the all-India bar association, have pointed out, it’s beneath the dignity of a former chief justice of India (CJI) to hold a governor’s post, which comes much lower in the constitutional hierarchy. For the record, the CJI is the fourth highest position in the country, preceded only by the president, the vice-president and the prime minister.

So, Sathasivam might be extremely well-meaning – and there’s no reason to disbelieve that – and he could be the best candidate for the job, but it’s not his personal characteristics and hallmark that is important here. It is the dignity and propriety of the position he held earlier that should be the consideration.

2. There’s a good reason why the election commission wants a “cooling-off” period for even government servants before they can join electoral politics. There are even advocates for extending a similar one-year cooling-off period (as laid down in the all-India service rules) before retired bureaucrats can take up a job in the private sector (read an earlier story on that here). The word is conflict of interest.

Governors are nothing if not political pawns, and the CJI’s is way, way more important a position than a bureaucrat’s. So there’s little reason to believe conflict of interest is an impossibility from this precedent – Sathasivam is the first former CJI to be appointed a governor; chief justices to high courts have earlier been appointed in such positions, while the Congress had made another former CJI, Ranganath Mishra, a Rajya Sabha MP from Odisha between 1998 and 2004.

As Arun Jaitley, then the leader of opposition in Rajya Sabha wrote early last year after retired SC judge Markandey Katju’s appointment as the Press Council of India chairperson: “I have held a strong view that Judges of the Supreme Court and the High Courts must not be eligible for jobs in the Government after retirement.  In some cases  the pre-retirement judicial conduct of a judge is influenced by the desire to get a post retirement assignment.”

Jaitley’s party might now argue that was his personal opinion ‘then’ but what cannot be denied is the wisdom in the eminent lawyer’s contention.

This is in no way peddling the Congress’s allegation that Sathasivam’s gubernatorial appointment was a ‘gift’ from a “pleased” Modi administration for scrapping an FIR against Amit Shah, Modi’s Man Friday and now the BJP president, in a fake encounter case. But what would, for instance, stop the rising eyebrows when an SC bench next gives a verdict in any case involving any political leader or party, which would obviously be seen as ‘favourable’ by some others? That, in effect, is the main worry against handing out such positions to ex-judges, let alone a former CJI.

As senior SC lawyer and Aam Aadmi Party leader Prashant Bhushan has said, “Offering such posts to retired judges compromises the independence of the judiciary.”

3. Explaining that there has been “no controversy” over his appointment, Sathasivam had earlier said, “If I say no to this job, I have to do farming in my village. As a former CJI I can have good relations with the state and the Centre and it will benefit the people of Kerala [when he becomes the governor].” While there is little logic in the first part of his contention – well, if he has to do farming, so be it; one cannot make an exception or put propriety of a key position in jeopardy to employ someone who doesn’t want to take up a family work or has not saved up judiciously for a post-retirement future could be a crude counter – it throws up an interesting point.

The government, for one, could think of better post-retirement benefits for CJIs and others who have held such key positions. If thousands of crores can be 'wasted' on the upkeep of former legislators – and much of it illegally – there sure is merit in spending more on such key figures to ensure there is zero controversy or conflict in the way they carry out their duties, at work or post-retirement.

An independent judiciary is one of the biggest assets that we enjoy in our robust democracy. There’s little point in jeopardising it, or even making it come close to the point where even an iota of suspicion is set off.

Comments

 

Other News

`Development must be judged beyond GDP, with rights and justice at core`

Delivering the IXth Chief Justice M.C. Chagla Memorial Lecture on ‘Human Rights and Sustainable Development Goals’, in Mumbai Friday,  former Chief Justice of India Bhushan R. Gavai questioned whether conventional economic indicators such as gross domestic product (GDP), national income,

RTI exposes Rs 16,909 crore cost blowout on Mumbai-Goa Highway

Seventeen years after the centre first approved the widening of National Highway 66 between Mumbai and Goa into a four-lane highway, a fresh RTI reply has revealed a sharp escalation in the project`s sanctioned cost.   According to the RTI reply obtained by activist Jeetendra

"India`s semiconductor ecosystem is expanding rapidly"

Prime minister Narendra Modi on Thursday inaugurated SEMICON India 2026 in New Delhi. Addressing the occasion and highlighting the significance of the event`s fifth edition, the PM drew a parallel between the launch of Semicon India and Vishwakarma Diwas. He pointed out the beautiful coincidence of

Cabinet approves raising EPFO wage ceiling from Rs.15,000 p.m. to Rs.25,000

The union cabinet, chaired by the prime minister, has approved the proposal of the Ministry of Labour & Employment to enhance the wage ceiling for mandatory coverage under the Employees’ Provident Fund Organisation (EPFO) from Rs.15,000 to Rs.25,000 per month. The decision is expected to bring

UPI continues to remain free for peer-to-peer transactions: Finance Ministry

The new UPI framework introduced has no impact on any person to person transactions, and UPI will continue to remain completely free for all person-to-person transactions, irrespective of the amount transferred, the finance ministry clarified on Tuesday.   Payments to merchan

SEMICON India 2026 and the making of a chip powerhouse

On Thursday, prime minister Narendra Modi will inaugurate SEMICON India 2026 at Yashobhoomi in Dwarka, New Delhi. Global chipmakers, policymakers and investors will fill the halls, all watching an industry India has built from the ground up. For three days, the country`s semi-con (semiconductor) manufact

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter