It also demanded that the court stop both from performing their duties.
Bombay:
The Bombay Lawyers Association has filed an application with the Bombay High Court against Vice President Jagdeep Dhankar and Union Law Minister Kiren Rijiju for their comments against the judiciary and collegiate system, claiming that both “increase the prestige of the Supreme Court in public have lowered”.
The Public Interest Litigation filed by the BLA through its chairman Ahmed Abidi requested a declaration from the Supreme Court that the Justice Minister and the Vice President have disqualified themselves from holding the constitutional office by expressing a lack of confidence in India’s constitution.
“The Vice President and the Minister of Justice have launched a frontal attack on the institution of the judiciary, especially the Supreme Court, in the most offensive and derogatory language, without using the means available under the constitutional system to change the status quo under the law established by the Supreme Court,” the request said.
The request also stated that despite the attack on the Constitution and the judiciary by the Attorney General and the Vice President, no action had been taken against them.
“Applicant argues that the above conduct of Defendant Nos 1 and 2 is not limited to an attack on the judiciary, but a head-on attack on the Constitution of India. Notwithstanding all these derogatory statements towards the judiciary and the Constitution of India, no action against Defendant Nos. 1 and 2 has been taken by any constitutional authority.”
It also demanded that the HC stop the Vice President and the Attorney General from carrying out their duties.
While Mr Rijiju has repeatedly questioned the Collegium system, last month Mr Dhankhar had also commented on the landmark 1973 Supreme Court judgment in the Kesavananda Bharati case, in which it held that parliament had the power to enact the constitution. but not its basic structure.
“It will be difficult to answer the question ‘are we a democratic nation’, Mr Dhankar had said.
Mr Rijiju had said in November last year that he should work with the current system until the government comes up with an alternative mechanism, stating that the Collegium system for appointing judges is “opaque” and “not accountable”.
(Except for the headline, this story has not been edited by NewsMadura staff and is being published from a syndicated feed.)
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