New Delhi, Nov 27 The BJP on Thursday welcomed former Chief Justice of India B.R. Gavai's assertion that there is no government interference in the functioning or judgments of the judiciary.
His remarks came at a time when several political leaders, including Leader of the Opposition in the Lok Sabha Rahul Gandhi, have repeatedly accused the BJP and RSS of exerting influence over constitutional institutions.
LoP Gandhi has on multiple occasions claimed that the judiciary is working under pressure from the government led by Prime Minister Narendra Modi.
Speaking to IANS, BJP MP Praveen Khandelwal said, "I think that after the statement of B.R. Gavai, the situation should become very clear to those who, because of their politics, make the accusation that the Supreme Court works under the pressure of the government every day. Gavai has just retired from the Chief Justice position. In this sense, his speech is very important."
BJP MP Yogender Chandolia said Gavai's remarks "reflect the spirit of India's democracy."
He told IANS, "B.R. Gavai, who was a respected judge of the Supreme Court, has now retired. His remarks after leaving office (of CJI) reflect the spirit of India’s democracy. The Constitution cannot be changed at any cost; this is what we have been saying. Congress Party and its allies should understand that the Constitution is the soul of our nation, and no one has the power to alter it for their own purposes."
BJP MLA Ram Kadam criticised the Opposition and said it "must acknowledge the statement of the respected former judicial heads of the country."
Speaking to IANS, Kadam further claimed the statement "serves as a clear message on how the Congress manipulates the public and spreads misinformation regarding the Constitution, delivering a strong warning to those who mislead people indirectly on constitutional matters."
The Congress, however, maintained that former CJI Gavai's statement was his personal view and pointed to past controversies.
Congress MP Tariq Anwar told IANS, "This is his personal opinion, but it is also true that the government is trying to take all the constitutional authorities under their control."
Congress spokesperson Surendra Rajput echoed this and said it may be Justice Gavai's personal statement. "If the government has no interference in the judiciary, I would like to remind Justice Gavai, perhaps he is not aware that five judges had taken to the streets asking the people for justice," he pointed out.
Former CJI D.Y. Chandrachud also had earlier responded to similar criticism, noting that courts should not be seen as the opposition and that their role is to examine laws, not replace elected representatives.
In an exclusive interview with IANS on Thursday, former CJI Gavai dismissed the allegations of government interference and clarified the functioning of the collegium system.
"There is no government interference. It is important that when the collegium takes a decision, several inputs are considered. The views of the executive, the Intelligence Bureau, and the law ministry are part of that process.
"Similarly, opinions of the consultee judges, chief justices concerned, chief ministers, and governors are taken into account. After all discussions, the collegium takes its independent decision. That does not mean the collegium functions under pressure," he asserted.
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